Devendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6802 MP

                        Cr.A. No. 6222/2021
                                                       1
                 (Devendra and others Vs. State of M.P.)


       The High Court Of Madhya Pradesh

Indore : 25/10/2021 :-
      Shri Avinash Yadav, learned counsel for appellants..
      Shri Valmik Sakargay, learned P.L. for the respondent/State.

Heard.

Admit.

Record of the court below be requisitioned. Also Heard on IA No.27570/2021 which is first application filed under Section 389 (1) of Code of Criminal Procedure, 1973 seeking suspension of sentence filed on behalf of appellants Devendra, Rajesh and Keshav who have been convicted by III Additional Sessions Judge,Khargone in Session Trial No.65/2017 vide judgment dated 30.09.2021 and sentenced them as under:- Conviction Imprisonment Fine amount Imprisonment in lieu of fine 323/34 IPC 1 year RI Rs.1,000/- 1 month

Learned counsel for appellants submits that learned trial court did not properly appreciate the evidence adduced by the prosecution. The independent witnesses did not support the version of prosecution. Appellants have fair chance of success in this appeal. Final hearing of appeal is likely to take time and if jail sentence of the appellants is not suspended, the purpose of filing this appeal would render infructuous. In these circumstances, the application be allowed and remaining jail sentence of the appellants be suspended.

Prayer is opposed by learned P.L... Considering the aforesaid facts and circumstances, without commenting on merits, IA No.27570/2021 is allowed. The substantive jail sentence of appellants is suspended subject to their depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand) each with one local solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the concerned trial Court on 22.12.2021 and on all other subsequent dates as may be fixed by the trial court in this Cr.A. No. 6222/2021

(Devendra and others Vs. State of M.P.)

behalf.

IA stands disposed of.

Certified copy as per Rules

(Sujoy Paul) Judge

mk

Digitally signed by SMT

SMT MUKTA KOUSHAL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH

MUKTA COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001,

KOUSH st=Madhya Pradesh, 2.5.4.20=d5113389cae2680 f9a644a283e4712f4e3a663 a97c409a36fa2c3274aef1bf

AL d1, cn=SMT MUKTA KOUSHAL Date: 2021.10.26 11:51:33 +05'30'