Mohan vs The State Of Madhya Pradesh
2021 Latest Caselaw 536 MP

                                                                      1                                CRA-1240-2021
                                           The High Court Of Madhya Pradesh
                                                      CRA-1240-2021
                                                   (MOHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   1
                                   Indore, Dated : 08-03-2021
                                         Shri Arvin Gokhale, learned counsel for the appellants.
                                         Ms Drishti Rawal, learned Panel Lawyer for the respondent-State.

Heard.

Appeal is admitted for hearing.

Let record of the Courts below be requisitioned.

Learned counsel for the appellants is also heard on IA No.3325/2021, which is an application for grant of suspension of jail sentence to the appellants, who have been convicted and sentenced under Section 323/149 of IPC and sentenced to suffer 01 year rigorous imprisonment with fine of Rs.500/- and under Section 325/149 of IPC and sentenced to suffer 03 years rigorous imprisonment with fine of Rs.1000/- with default stipulation respectively.

Learned counsel for the appellants submits that appellants have been falsely implicated. The judgments of Courts below suffer from perversity.

The Court below has already suspended the sentence of appellants till today. Final hearing of this appeal in this pandemic era will take time. The appellants may be given benefit of suspension of sentence.

Heard learned Panel Lawyer for the State. Considered.

There appears to be substance in the submissions of the learned counsel for the appellants. In view of submissions of learned counsel for the appellants and considering the facts and circumstances of the case, I am of the opinion that a case is made out for suspension of jail sentence of the appellants. Thus, the application (IA No.3325/2021) for suspension of jail sentence is hereby allowed. It is directed that on deposition of fine amount Signature Not Verified SAN and also on furnishing personal bond of Rs.50,000/- (Rupees Fifty

Digitally signed by SEHAR HASEEN Date: 2021.03.09 10:55:25 IST 2 CRA-1240-2021 Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before this Court/Registry on 26.04.2021 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellants shall remain suspended, till the final disposal of this appeal.

A copy of this order be sent to Court concerned for it's compliance.

Certified copy as per rules.

(SUJOY PAUL) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.03.09 10:55:25 IST