Mohanlal @ Mohan vs The State Of Madhya Pradesh
2021 Latest Caselaw 5347 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                       Cr. A. No.2561 of 2021
              Mohanlal @ Mohan & Ors. Vs. State of M.P.

Indore, Dated:- 13/09/2021

       Shri Vivek Singh, Counsel for the appellant No.3 - Mukesh S/o

Unkar Singh Patidar.

       Ms. Geetanjali Chourasiya, Counsel for the respondent/State.

Shri Rajesh Chouhan, Counsel for the objector.

Heard on IA No.22325/2021, first application under Section 389 (1)

of the Code of Criminal Procedure, 1973 for suspension of jail sentence

and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by Sessions

Judge, Shajapur (MP) in Sessions Case No.364/2015 vide judgment dated

05.04.2021, as under:

         Conviction                           Sentence
    Section       Act     RI                 Fine     Imprisonment in
                                            amount      lieu of fine
   307         IPC, 1860 04 years          Rs.500/- 2 months RI
   323/34    IPC, 1860 06 months        -          -
                         (three counts)

Counsel for the appellant No.3 has submitted that short sentence of

four years has been awarded to the appellant No.3 and he is in jail since

05.04.2021. Counsel has further submitted that the incident has taken place

at the spur of the moment and the parties have reconciled each other and

complainant Shyam Patidar has also no objection if the suspension

application is allowed.

Counsel for the objector Shri Rajesh Chouhan has submitted that he

has no objection if the application is allowed.

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.2561 of 2021 Mohanlal @ Mohan & Ors. Vs. State of M.P.

Counsel for the respondent/State, on the other hand, has opposed the

prayer.

Having considered rival submissions and on perusal of the record,

taking note of the fact that the objector has no objection if the application is

allowed as also the fact that jail sentence of two other co-accused persons

have already been suspended, this Court is of the considered opinion that

the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case,

IA No.22325/2021 is allowed and it is directed that on furnishing a

personal bond by the appellant No.3 - Mukesh in the sum of Rs.50,000/-

(Rupees fifty thousand only) with a solvent surety in the like amount to

the satisfaction of the learned trial Court, for his / her regular appearance

before concerned trial Court, the execution of the custodial part of the

sentence imposed against the appellant No.3 shall remain suspended, till

the final disposal of this appeal.

The appellant No.3, after being enlarged on bail, shall mark his

presence before the concerned trial Court on 17.12.2021 and on all such

subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.09.13 17:43:34 +05'30'