Mohanlal @ Mohan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2579 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                      Cr. A. No.2561 of 2021
             Mohanlal @ Mohan & Ors. Vs. State of M.P.

Indore, Dated:- 21/06/2021

      Shri Vivek Singh, Counsel for the appellant No.2 - Badrilal S/o

Babu Singh Patidar.

      Ms. Pallavi Khare, Counsel for the respondent/State.

Heard on IA No.13510/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by

Sessions Judge, Shajapur (MP) in Sessions Case No.364/2015 vide

judgment dated 05.04.2021, as under:

        Conviction                         Sentence
   Section       Act     RI               Fine Imprisonment in
                                         amount  lieu of fine
   307/34     IPC,       04 years       Rs.500/- 2 months RI

   323/34  IPC,        06 months      -        -
           1860        (three counts)

Counsel for the appellant No.2 has submitted that the appellant

No.2 cannot be convicted under Section 307 of IPC as according to

the case of the prosecution the injured/complainant Shyam Patidar

was already assaulted by co-accused Mukesh prior to Shyam was

taken by Mukesh to his own field where appellant No.2 Badarilal and

the co-accused Mohanlal @ Mohan were also present and while

Mohanlal @ Mohan assaulted Mukesh with a Dantali whereas the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.2561 of 2021 Mohanlal @ Mohan & Ors. Vs. State of M.P.

appellant No.2 used a stick. Counsel has further submitted that in the

MLC there is no corresponding injury of stick on the waist of the

injured, which is also apparent from the deposition of PW-12 Dr. Jatin

Bhargav, who has clearly stated that there is no injury on the waist of

the injured and only two injuries one on his head and the other on his

wrist were found. Thus, Counsel has submitted that looking to the fact

that the appellant No.2 is in jail since 05.04.2021 and the final

disposal of the appeal is likely to take sufficient long time, the

application for suspension of jail sentence be allowed and appellant

No.2 be released on bail.

Counsel for the respondent/State on the other, has opposed the

prayer.

Having considered rival submissions and on perusal of the

record including the deposition of PW-1 Mukesh as also the PW-12

Dr. Jatin Bhargav, this Court finds force with the contentions raised

by Counsel for the appellant No.2 and is of the considered opinion

that the application for suspension of custodial sentence deserves to

be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.13510/2021 is allowed and it is directed that on

furnishing a personal bond by the appellant No.2 - Badrilal in the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.2561 of 2021 Mohanlal @ Mohan & Ors. Vs. State of M.P.

sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent

surety in the like amount to the satisfaction of the learned trial Court,

for his / her regular appearance before concerned trial Court, the

execution of the custodial part of the sentence imposed against the

appellant No.2 shall remain suspended, till the final disposal of this

appeal.

The appellant No.2, after being enlarged on bail, shall mark his

presence before the concerned trial Court on 12.08.2021 and on all

such subsequent dates, as may be fixed by the concerned Court in this

regard.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.06.21 16:40:56 +05'30'