Sukhram vs The State Of Madhya Pradesh
2021 Latest Caselaw 327 MP

      :1:                                  Cr.A. No.7097-2018

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                             Cr.A. No.7097-2018
                 (Sukhram and 10 others vs. State of M.P.)
Indore, Dated: 27.2.2021
            Shri Bhagwan Singh and Shri Abhay Saraswat, learned

counsel for the appellants.

            Ms. Soumya Maru, learned Panel Lawyer for the

respondent/State.

Heard on I.A. No.469/2021, I.A. No.471/2021 and

2592/2021, which are the repeat applications filed under Section

389(1) of the Cr.P.C. for suspension of jail sentence of the appellant

No.8- Babu, appellant No.9-Govind @ Govinda and appellant No.10

Mukesh 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.208/2012 as under:

Name of the            conviction         Sentence     Fine       In lie
appellants                                             amount
Babu, Govind        @ u/S 148 IPC         2 yrs.R.I.      -         -
Govinda and
Mukesh
                       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 5 yrs.R.I.    Rs.2,000/- 6 months R.I.
                       IPC
        :2:                              Cr.A. No.7097-2018

Learned counsel for the appellants has submitted that the

appellants were on bail and they did not misuse the liberty so granted

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dismissed as withdrawn by this Court. It is submitted that 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.469/2021, 471/2020 and 2592/2021 are

allowed and it is directed that on furnishing personal bond by

appellant No.8- Babu, appellant No.9-Govind @ Govinda and

appellant No.10 Mukesh 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 :3: Cr.A. No.7097-2018

part of the remaining sentence 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.

Certified copy, as per rules.

(Subodh Abhyankar) Judge moni

Digitally signed by Moni Raju Date: 2021.02.27 18:07:53 +05'30'