Shantilal Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 1928 MP

1                                  CRA No. 1169 of 2022

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH

                        CRA No. 1169 of 2022
      (SHANTILAL SHARMA AND TWO OTHERS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 11-02-2022
              Heard through Video Conferencing.

       Shri Gaurav Shrivastava, learned counsel for the appellants.

       Ms. Seema Maheshwari, learned counsel appearing on behalf of
Additional Advocate General.
       Heard on the question of admission.
       Appeal is admitted for hearing.
       Record of the lower court be requisitioned.
       Also heard on I.A.No.1705/2022, which is an application under

Section 389(1) of the Cr.P.C. for suspension of jail sentence of the

appellants.

       The appellants have been convicted by the II Additional Sessions

Judge, Agar,District- Agar (Malwa) (M.P.) vide judgment dated

21.1.2022

passed in Special Case No.15/2020 and sentenced them as

under:-

      Conviction                           Sentence
    Section     Act     Imprisonment          Fine        Imprisonment
                                                          in lieu of fine
    325/34      IPC       03 years RI      Rs.2000/-      3 months RI

Counsel for the appellants has submitted that the appellants were

released on regular bail during trial and previously the custodial

sentence the appellant No.2 Jitendra Sharma and appellant No.3

Govind Sharma has already been suspended by the trial Court itself up

to 21.2.2022 and there is no possibility of the early hearing of this

criminal appeal before this Court, hence it is prayed that custodial

sentence of the appellants be suspended during the pendency of this

criminal appeal.

Learned Public Prosecutor has opposed the prayer and prayed for

its rejection.

Considering the rival contentions of the parties, without

commenting on the merits of the case, this Court finds forced with the

contention raised by the counsel for the appellants, in the considered

opinion of this Court, it would be expedient to suspend the jail sentence

of all the appellants. Accordingly, the application I.A.No.1705/2022 is

allowed.

It is directed that on furnishing a personal bond by the appellants

in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each

with a solvent surety in the like amount each to the satisfaction of the

learned trial Court, for their regular appearance before concerned trial

Court, the execution of the custodial part of the sentence imposed

against the appellants shall remain suspended, till the final disposal of

this appeal.

The appellants after being enlarged on bail, shall mark their

presence before the concerned trial Court on 29.04.2022 and on all

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

regard.

Certified copy, as per rules.

                                                       (Subodh Abhayankar)
moni                                                         JUDGE
       Digitally signed by MONI RAJU
       Date: 2022.02.11 14:51:42
       +05'30'