Ammulal Choudhary vs The State Of Madhya Pradesh
2021 Latest Caselaw 1537 MP

                                                         1                              CRA-2538-2021
                              The High Court Of Madhya Pradesh
                                         CRA-2538-2021
                               (AMMULAL CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      1
                      Jabalpur, Dated : 23-04-2021
                             Heard through Video Conferencing.

                             Shri Amitabh Bharti, learned counsel for appellants.
                             Smt. Gulabkali Patel, learned Govt. Adv. for respondent/State.

Registry is directed to call for the record of the Court below. Appellants have filed I.A No.6108/ 2021 under Section 389(1) of

Code of Criminal Procedure, for suspension of jail sentence.

Appellants have been convicted under Sections 341 and 329 of IPC and sentenced to undergo S.I. for one month and R.I. for five years respectively along with fine amount of Rs. 500/- and Rs. 1000/- with default stipulations.

I t is submitted by learned counsel appearing for the appellants that appellant No.3-Moujilal Choudhary is suffering from cancer and therefore, application for suspension of sentence filed on his behalf may be considered

and his sentence may be suspended. It is further submitted by him that application for suspension of sentenced filed on behalf of other two appellants will be argued after receipt of record from the trial Court.

Learned Government Advocate opposed the application for suspension of sentence.

It has been mentioned by the trial Court in its judgment dated 01.04.2021 passed in S.T. No. 161/2019 that appellant No.3-Maujilal Choudhary is suffering from cancer.

Considering the said fact, I.A. No.6108/2021 is partly allowed i.e.

only in respect of appellant No.3-Maujilal Choudhary. It is hereby directed

that sentence of appellant No.3-Maujilal Choudhary shall remain suspended during the pendency of this appeal and appellant No.3- Signature Not SAN Verified Maujilal Choudhary shall be released on bail on furnishing personal Digitally signed by MONSI M SIMON Date: 2021.04.24 16:55:03 IST 2 CRA-2538-2021

bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry on 09.08.2021 and on other dates as may be fixed in this regard by the Registry till final disposal of this appeal.

Application for suspension of sentence on behalf of appellant No. 1 and 2 shall be considered alongwith record.

C.C. as per rules.

                                                                            (VISHAL DHAGAT)
                                                                                 JUDGE


                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.04.24
16:55:03 IST