Mukesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 619 MP

      :1:                              Cr.A. No.1383/2021

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                              Cr.A. No.1383-2021
                  (Mukesh and Hariram vs. State of M.P.)
Indore, Dated: 10.03.2021
            Shri Sanjay Sharma, learned counsel for the appellants.
            Ms. Archana Kher, learned Deputy Advocate General for
the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the trial court be requisitioned. Heard on I.A. No.3960/2021, which is an application filed

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

the appellants.

The appellants have been convicted and sentenced by the

First Additional Sessions Judge, Mandsaur vide judgment dated

12/02/2021 passed in S.T. No.113/2010 as under:

Name of the conviction            Sentence         Fine      In lie
appellant                                          amount
Mukesh          u/S 420 &         3 yrs. R.I.       2000/-   1 month R.I.
                120 (B) IPC       2 yrs            2000/-    1 month R.I.
                                  R.I
Hariram u/S 420 &                 3 yrs. R.I.       2000/-   1 month R.I.
                120 (B) IPC       2 yrs            2000/-    1 month R.I.
                                  R.I                        1 month R.I.
                419 IPC and       1 years R.I       2000/-   1 month R.I.
                468 IPC           3 years R.I      2000/-

Learned counsel for the appellants has submitted that the

appellants were on bail and they have not misused the liberty so

granted to them. It is further submitted that the jail sentence of the

appellants has been suspended by the trial court up to 12.3.2021.

There are fair chances of success of this appeal and there is no :2: Cr.A. No.1383/2021

likelihood of hearing of the appeal in near future and if the custodial

sentence of the appellants is 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 appellants.

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.3960/2021 is allowed and it is directed

that on furnishing personal bond by appellants Mukesh and Hariram

in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only)

each with one solvent surety each 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 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 30/4/2021 and on all

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

concerned trial Court.

Digitally signed (Subodh Abhyankar) by REENA PARTHO SARKAR Date: 2021.03.10 Judge 18:26:20 +05'30' :3: Cr.A. No.1383/2021

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