Mahendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6909 MP

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
            CRIMINAL APPEAL NO.6320 OF 2021
                (Mahendra vs State of Madhya Pradesh)


Indore, Dated 27.10.2021
     Mr. Rajesh Yadav, learned counsel for the appellant.
     Mr.    Viraj      Godha,       learned    counsel     for   the
respondent/State.

Heard on the point of admission.

The appeal is admitted for final hearing. Let record of the Court below be requisitioned. Also heard on IA No.27580/2021 which is first application under Section 389 of the Code of Criminal Procedure, 1973 filed on behalf of appellant Mahendra S/o Gokul Singh Khatediya for suspension of sentence and grant of bail.

The appellant has been convicted under the provisions of Section 24 of Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987 for one year RI along with fine of Rs.1000/- by Sessions Judge, Jhabua (MP) in Criminal Appeal No.94/2019. This judgment has been passed in an appeal against the judgment of acquittal which was earlier passed by the JMFC in Criminal Appeal No.1699/2014.

Learned counsel for the appellant submits that substantive jail sentence has already been suspended by the appellate Court and therefore against the aforesaid order of appellate Court, the present appeal has been filed as per the provision of High Court Rules 2008 and the same shall be considered on the next date. He also submits that the substantive jail sentence of the appellant has already been suspended till 09.11.2021. With these submissions, suspension has been sought.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.6320 OF 2021 (Mahendra vs State of Madhya Pradesh)

Considered.

Learned counsel for the State was also heard who has opposed the suspension application.

Considering the facts and circumstances of the case and after hearing learned counsel for both the parties, without expressing any opinion on merits of the case, this application- IA No.27580/2021 is being allowed. The substantive jail sentence of the appellant - Mahenda S/o Gokul Singh Khatediya is suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 06.12.2021 and on all other subsequent dates, as may be fixed, by the Registry in this behalf.

Accordingly, IA No.27580/2021 stands disposed of. List the appeal for final hearing along with the original record. Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2021.10.27 17:16:46 +05'30'