Dharmendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 7099 MP

   THE HIGH COURT OF MADHYA PRADESH, INDORE
                    BENCH
                   CRA No.1397/2020
                (Dharmendra and other Vs. State of M.P.)
Indore, dated 08/11/2021
       Shri Pankaj Ajmera, learned counsel for the appellants.
      Shri Hemant Sharma, learned G.A. for the respondent /State.

Heard on I.A. No.27629/2021 on behalf of appellant no.1 Dharmendra and appellant no.3 Sheetal and Heard on I.A. No.27657/2021 on behalf of appellant no.6 Rakesh which are the applications 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, Sendhwa, Barwani vide judgment dated 30.01.2020 passed in S.T. No.15/2018 as under:

  Conviction                              Sentence
Sections     and                      Imprisonme Fine   Imprisonment
Act                                   nt                in lieu of fine
399/149 of IPC Appellant no.1 5-5 years          2000/- 6-6      Months
               & 3, 6                                   R.I
402/149 of IPC Appellant no.1 5-5 years          2000/- 6-6      Months
               & 3, 6                                   R.I

Learned counsel for the applicant submits that these sentences have been directed to run concurrently and all the appellants have been completed more than half of their jail sentence. On these grounds, prays for suspension of remaining jail sentence.

On the other hand, learned counsel for the State/respondent opposed the prayer.

In due consideration of the submissions made on behalf of the parties, on perusal of the record and looking to the fact that the appellants have completed more than half of the their jail sentence, it would be appropriate to suspend the jail sentence of the appellants.

Accordingly, I.A. No.27629/2021 on behalf of appellant no.1 Dharmendra and appellant no.3 Sheetal and I.A. No.27657/2021 on behalf of appellant no.6 Rakesh are allowed and it is directed that on furnishing personal bond by appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety 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 14.12.2021 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

List for final hearing in due course.

(Shailendra Shukla) Judge

amit AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c79a81b c156ec0309c5245d47a0a52604de,

KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B1BCDC FC0369478F5, serialNumber=62B9B1A094FCDF2F0107E91326BC51 DC9DCF83F25C9D67245FE3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2021.11.09 10:40:26 +05'30'