Mahesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16377 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 9175 of 2022
                                          (MAHESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-12-2022
                                Shri Ritesh Inani, learned counsel for the appellants.

                                Shri Rajesh Joshi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A.No.13477/2022, an application for suspension of jail

sentence of the appellants - Mahesh and Govind.

Appellants have been convicted by 2nd Additional Sessions Judge, Bagli Distt. Dewas vide judgment dated 16.09.2022 passed in S.T. No. 100097/2014 for commission of offence punishable under Section 306 and 323 of IPC and sentenced to undergo RI for 05 years with fine of Rs.1,000/- and 01 year RI with fine of Rs. 1,000/ with default stipluation.

Learned counsel for the appellant submits that admittedly, appellants are sons of the deceased. It is alleged against them that they alongwith their mother i.e. wife of the deceased harassed the him mentally and physically for partition

of land due to which he committed suicide by consuming poisonous substance. He further submits that it is apparent from the record that appellants' intention was not to abet the deceased to commit suicide. They have only demanded their share in the ancestral land. There is dispute of property between the appellants and their father. Appellants were on bail during trial. Impugned judgment convicting the appellant for the offences punishable u/S 306 and 323/34 of IPC is not sustainable. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/9/2022 6:44:58 PM

allowed.

Learned Govt. Advocate for State has opposed the prayer and prays for rejection of the application for suspension of sentence.

Having considered the rival submissions, material pointed out by learned counsel for the appellants, nature of allegations alleged against the appellants and also considering the fact that there was a property dispute between the appellants and deceased, so also considering other facts and circumstances of the case , without expressing any opinion on merits of the case, I.A.No.13477/2022 is allowed.

It is directed that upon appellant depositing the fine amount (if not

already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall b e released on bail for his appearance before the Registry of this court on 16.01.2023 and all other subsequent dates, as may be fixed in this behalf by the Office.

List for final hearing in due course.

C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/9/2022 6:44:58 PM