Madhya Pradesh High Court
Laxminarayan vs The State Of Madhya Pradesh on 27 October, 2021
Author: Vivek Rusia
- : 1 :-
THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
Criminal Revision No.2138/2021
(Laxminarayan and othersV/s State of M.P.)
ORDER
Indore: Date: 27.10.2021 :
Shri Santosh Kumar Meena, learned counsel for the applicants.
Shri Sudhanshu Vyas, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.24861/2021, which is first application filed by
the applicants under Section 397 and 401 of the Cr.P.C. for suspension of
jail sentence filed on behalf of the appellant No.1-Laxminarayan,
appellant No.2 Satayanarayan and appellant No.3 Ishwarlal.
The present revision has been filed against judgment dated
31.08.2021 in Criminal Appeal No.40/2020 passed by the first Additional
Sessions Judge, Neemuch whereby the learned judge has maintained the
judgment passed by the learned J.M.F.C., Neemuch in Criminal Case
No.1864/2014 dated 14.02.2020 whereby he has been convicted under
Section 325 and 34 of Indian Penal Code,1860 and sentenced to undergo
two - two years of R.I. with fine of Rs.1,000/- - Rs.1,000/- and additional
2-2 months of S.I. In default of payment of fine.
Learned counsel for the applicants submit that the applicants are in
jail since 31.08.2021. The learned Courts below have not properly
appreciated the evidence that came on record and material omissions and
contradictions have been overlooked. The revision is likely to take a
considerable time for its final hearing and if the custodial sentence is not
suspended, the application may be rendered infructuous. He, therefore,
prayed that the custodial sentence of the applicants be suspended and
they shall be released on bail.
Learned Govt. Advocate for the respondent/State opposes the
application and prays for rejection.
Considering the facts and circumstances of the case and the
- : 2 :-
arguments advanced by learned counsel for the parties, this Court is of the
considered opinion that the application for suspension of custodial
sentence moved on behalf of the applicants deserved to be allowed.
Accordingly, I.A. No.24861/2021 is allowed and it is directed that
subject to depositing of fine amount and on furnishing personal bond by
these applicants in the sum of Rs.30,000/- (Rupees Thirty Thousand
only) each with separate sureties in the like amount to the satisfaction of
the learned trial Court for their appearance before the Court, the execution
of custodial part of the sentence shall remain suspended, till the final
disposal of this revision.
The applicants after being enlarged on bail, shall mark their
presence before the registry of this Court on 31/01/2022 and on all such
subsequent dates, which are fixed in this regard by the Registry.
I.A. No.24861/2021 and I.A. No.24860/2021 stands disposed of.
The appeal is admitted for final hearing.
Record of both the Courts below be requisitioned.
Certified copy as per rules.
( VIVEK RUSIA )
JUDGE
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, ou=HIGH COURT OF
MADHYA PRADESH BENCH INDORE,
postalCode=452001, st=Madhya Pradesh,
KAMALAS 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6
cba241effad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61
A1EE901C09EF29,
ANAN
serialNumber=7F0BEE2D78BD57DA058F324744
1C87E7E0817FB61F5E2ABCAEE63CAAA7B3B9F
F, cn=AJIT KAMALASANAN
Date: 2021.10.27 16:51:55 +05'30'
