Premnarayan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1833 MP

 HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
SINGLE BENCH : HON. SHRI JUSTICE VIVEK RUSIA, JUDGE


                           CRA-11005-2019
 (PREMNARAYAN AND OTHERS Vs THE STATE OF MADHYA
                             PRADESH)


Indore, Dated : 06-05-2021
     Heard through Video Conferencing.

     Shri Vivek Singh, learned counsel for the appellant.
     Ms. Bharti Lakkad counsel for the respondent.

Heard on the question of admission.

Admit.

Heard on IA no.3487/2021 for urgent hearing. On due consideration, the applications is allowed. Heard on I.A. No.3489/2021 an application for suspension of custodial sentence filed by the appellant no. 2 Jaswant The appellant has been convicted and sentenced by learned Additional Sessions Judge, Biora, District Rajgarh vide judgment dated 09/12/2019 as under:

Conviction u/s Imprisonment Fine, if any Imprisonment in lieu of fine 148 of IPC 2 years RI Rs. 500/- 3 months R.I 307 r/w 149 of IPC 5 years R.I. Rs.2000/- 2 years R.I 325 r/w 149 of IPC 3 years R.I Rs. 1000/- 1 year R.I 323/149 r/w149 of IPC 1 year R.I Rs.1000 6 months R.I

Learned counsel for the appellant submits that the appellant has been falsely implicated. The appeal is likely to take considerable time for its final hearing learned counsel further referred para 12 and 13 of the impugned judgment, in which, injuries caused by this appellant to Gitabai has been discussed, according to which, doctor found incised wound admeasuring 3 x 0.5 inch deep muscle. There is no grievous injuries. He, therefore, prayed that his custodial sentence be suspended and he be released on bail.

On the other hand, the learned Panel Advocate appearing for the respondent/State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No.3489/2021 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by appellant no. 2 Jaswant in the sum of Rs.40,000/- ( Rs. Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant no. 2 Jaswant shall remain suspended till final disposal of this appeal. The appellant after being enlarged on bail he shall mark his presence before the Registry of this Court on 11/01/2022 and on all such subsequent dates, which are fixed in this behalf.

List for final hearing in due course

(VIVEK RUSIA) JUDGE

amol Digitally signed by AMOL N MAHANAG Date: 2021.05.07 14:06:59 +05'30'