Hariram Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 1576 MP

1                                     Cr.A.No.2129-2021

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                               Cr.A.No.2129-2021

              (Harirak Yadav and others vs. State of Madhya Pradesh)

Indore, Dated: 03.02.2022
        Shri Anil Ojha, learned counsel for the appellant-Hariram.

        Ms.       Seema     Maheshwari,      learned      counsel      for     the

respondent/State.

Heard on I.A.No.667/2022, which is an application for

suspension of jail sentence of the appellant No.1 Hariram.

The appellant has been convicted by the learned III Additional

Sessions Judge, Dr. Ambedkar Nagar, District Indore vide judgment

dated 16.3.2022 passed in S.T. No.500/2014 and sentenced him as

under:-

      Conviction                              Sentence
    Section        Act      Imprisonment         Fine        Imprisonment
                                                             in lieu of fine
     147           IPC       01 year RI       Rs.1000/-      2 months RI
     148           IPC       01 year RI       Rs.1000/-      2 months RI
    326 r/w     IPC       10 yearS RI     Rs.3000/-       3 months RI

Counsel for the appellant has submitted that all the other accused

persons have already been released on bail after their suspension of jail

sentence was allowed. It is further submitted the rival parties in the

present case have already compromised the matter and the appeal

preferred by the appellants' side against the acquittal of the

complainants side has already been withdrawn in terms of the judgment

and the incident was in respect of the land dispute only.

It is further submitted that the appeal is likely to take a long time in its

final hearing. Under these circumstances, he prays that the application

for suspension of jail sentence be allowed.

The prayer for suspension of sentence is opposed by the learned

counsel for the State.

Having considered the rival submissions, on perusal of the

record, taking note of the fact that the parties have already

compromised the matter and the appeal is not likely to be heard at an

early date, without expressing any opinion on merits of the case, IA

No.667/2022 is allowed and it is directed that on furnishing a personal

bond by the appellant No. 1 Hariram in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with a solvent surety each in the like

amount to the satisfaction of the learned trial Court, for his regular

appearance before concerned trial Court, the execution of the

custodial part of the sentence imposed against the appellant shall

remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his

presence before the concerned trial Court on 11.04.2022 and on all such

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

regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni Digitally signed by MONI RAJU Date: 2022.02.03 17:52:02 +05'30'