Sundarlal vs State Of M.P.
2022 Latest Caselaw 2380 MP

                                      1                         Cr.A. 414-2022

    THE HIGH COURT OF MADHYA PRADESH, BENCH INDORE
                           Cr.A. No. 414 of 2022
        ( SUNDARLAL & OTHERS Vs. STATE OF MADHYA PRADESH)
Indore, Dated: 21/02/2022
        Shri M.S.Chouhan, learned counsel for the appellants.
       Shri Vaibhav Bhagawat, learned counsel appearing on behalf of
Additional Advocate General.
      Record of the lower court be requisitioned.
      Heard on I.A.No.447/2022, which is the first application under

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

No.1 Suderlal, appellant No.3 Sudeep @ Bhura @ Sunil and appellant No.4

Avandika D/o Sudeep @ Bhura.

      The appellants have been convicted by the III Additional Sessions

Judge,Ratlam vide judgment dated 30.12.2021 passed in S.T. No.211/2010

and sentenced them as under:-

     Conviction                             Sentence
  Section       Act      Imprisonment           Fine       Imprisonment
                                                           in lieu of fine
   304-B        IPC        10 years RI            -               -

      Learned counsel for the appellants has submitted that there are

omnibus allegations levelled against the appellants, who are father-in-law,

brother-in-law and sister-in-law of the deceased Beena.         It is further

submitted that even according to the deposition of P.W.1 the main allegation

is against the appellant No.5 the husband of the deceased.            It is also

submitted the appeal is likely to take a long time in its final hearing. Under

these circumstances, counsel prays that the application for suspension of jail
                                              2                    Cr.A. 414-2022

sentence be allowed.

         On the other hand, learned counsel for the State/respondent opposed

the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and facts

and circumstances of the case, on perusal of the record as also the

deposition of the P.W.1 & 2, it would be appropriate to suspend the jail

sentence of the appellants.

Accordingly, I.A. No.447/2022 is allowed and it is directed that on

furnishing personal bond by all the appellant No.1 Suderlal, appellant

No.3 Sudeep @ Bhura @ Sunil and appellant No.4 Avantika D/o

Sudeep @ Bhura in the sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) each with one separate solvent surety in the like amount

each to the satisfaction of the learned trial Court, for their regular

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

of the remaining 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, which are fixed in this regard by the concerned trial

Court.

Certified copy, as per rules.

(Subodh Abhayankar) JUDGE moni

Digitally signed by MONI RAJU Date: 2022.02.21 14:44:54 +05'30'