Mangilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 620 MP

      :1:                              Cr.A. No.1386/2021

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                            Cr.A. No.1386-2021
                         (Mangilal vs. State of M.P.)
Indore, Dated: 10.03.2021
            Shri Sanjay Sharma, learned counsel for the appellant.
            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.3968/2021, which is an application filed

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

the appellant.

The appellant has 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
Mangilal                u/S 420 &        3 yrs.     2000/-    1 month RI
                        120 (B) IPC      R.I.        2000/-   1 month R.I
                                         2 yrs
                                         R.I

Learned counsel for the appellant has submitted that the

appellant was on bail and he has not misused the liberty so granted to

him. It is further submitted that the jail sentence of the appellant 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 likelihood of hearing

of the appeal in near future and if the custodial sentence of the

appellant is not suspended then the appeal filed by him may turn

infructuous. Under these circumstances, learned counsel for the :2: Cr.A. No.1386/2021

appellant 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 appellant.

Accordingly, I.A. Nos.3968/2021 is allowed and it is directed

that on furnishing personal bond by appellant Mangilal in the sum of

Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent

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

for his regular appearance before the concerned trial Court, the

execution of custodial part of the remaining sentence imposed against

the appellant shall remain suspended, till the final disposal of this

appeal.

The appellant, after being enlarged on bail, shall mark his

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.

                                              (Subodh Abhyankar)
      Digitally signed                              Judge
      by REENA
das   PARTHO SARKAR
      Date: 2021.03.10
      18:23:16 +05'30'