Nagji vs The State Of Madhya Pradesh
2021 Latest Caselaw 326 MP

      :1:                                  Cr.A. No.7096-2018

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                             Cr.A. No.7096-2018
                   (Nagji and 5 others vs. State of M.P.)
Indore, Dated: 27.2.2021
            Shri Manish Yadav, learned counsel for the appellants.

            Ms. Soumya Maru, learned Panel Lawyer for the

respondent/State.

Heard on I.A. No.476/2021 and I.A. No.474/2021, which are

the repeat applications filed under Section 389(1) of the Cr.P.C. for

suspension of jail sentence of the appellant No.3- Gopal, appellant

No.4-Bheru @ Bheriya and appellant No.6 Lalu respectively.

The appellants have been convicted and sentenced by Second

Additional Sessions Judge to the Court of First Additional Sessions

Judge, Petlawad, District-Jhabua, vide judgment dated 06/09/2018

passed in S.T. No.34/2017 as under:

Name of the            conviction         Sentence     Fine       In lie
appellants                                             amount
Gopal, Bheru        @ u/S 148 IPC         2 yrs.R.I.      -         -
Bheriya and
Lalu
                       u/S 342/149 IPC    1 yr.R.I.       -         -
                       u/S 325/149 IPC    3 yrs.R.I.   Rs.1,000/- 3 months R.I.

                       u/S    354(A)/149 2 yrs.R.I.    Rs.2,000/- 6 months R.I.
                       IPC

Learned counsel for the appellants has submitted that the

appellants were on bail and they did not misuse the liberty so granted :2: Cr.A. No.7096-2018

to them. It is also submitted that the earlier applications for

suspension of custodial sentence and grant of the appellants was

dismissed as withdrawn by this Court, vide order dated 05/03/2019

granting liberty to the appellants to renew their prayer after

completion of actual half jail sentence awarded to them. Now the

appellants have already completed more than 2 and a half years jail

sentence. There are fair chances of success of this appeal and there is

no likelihood of hearing of the appeal in near future and if the

custodial sentence of the appellants are not suspended then the appeal

filed by them may turn infructuous. Under these circumstances,

learned counsel for the appellants prays for suspension of remaining

custodial sentence and grant of bail to the appellant.

On the other hand, learned counsel for the State/respondent

opposed the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and

facts and circumstances of the case, it would be appropriate to suspend

the jail sentence of the appellants.

Accordingly, I.A. Nos.476/2021 and 474/2020 are allowed and

it is directed that on furnishing personal bond by appellant No.3-

Gopal, appellant No.4-Bheru @ Bheriya and appellant No.6 Lalu in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one

separate solvent surety in the like amount to the satisfaction of the

learned trial Court, for their regular appearance before the concerned

trial Court, the execution of custodial part of the remaining sentence :3: Cr.A. No.7096-2018

imposed against the appellants shall remain suspended, till the final

disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their

presence before the concerned trial Court on 23/04/2021 and on all

such subsequent dates, which are fixed in this regard by the concerned

trial Court.

(Subodh Abhyankar) Judge moni

Digitally signed by Moni Raju Date: 2021.02.27 18:07:26 +05'30'