Mukesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 755 MP

1                                        Cr.A.No. 8268-2021

     THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                             Cr.A.No. 8268-2021

    (Mukesh s/o Narayansingh Yadav vs. State of Madhya Pradesh & another)

Indore, Dated: 17.01.2022
        Shri Yogesh Purohit, learned counsel for the appellant.

        Shri    Sameer    Verma,    learned     Panel    Lawyer     for     the

respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the lower court be requisitioned.

Also heard on I.A.No.30642/2021,which is an application under

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

appellant.

The appellant has been convicted by the Special Judge (under SC

& ST Act) Rajgarh (Biaora) vide judgment dated 13.9.2021 passed in

S.T. No.93/2016 and sentenced him as under:-

       Conviction                             Sentence
    Section      Act      Imprisonment          Fine      Imprisonment
                                                          in lieu of fine
      354        IPC       03 years RI          500/-         6 months RI
      323        IPC        1 year RI           500/-         6 months RI
    3(1)(w)    SC & ST      1 year RI           500/-         6 months RI


3(2)(v-a) SC & ST           1 year SI           500/-         6 months RI

Learned counsel for the appellant submits that the appellant was released on regular bail during trial and previously his custodial sentence has already been suspended by the trial Court itself upto

21.1.2022 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 appellant be suspended during the pendency of this criminal appeal.

Counsel for the respondent/State has strongly opposed the prayer and prayed for its rejection.

Considering the rival contentions of the parties, without commenting on the merits of the case, as there is no possibility of early hearing of this criminal appeal before this Court, IA No. 30642/2021 is allowed It is directed that on furnishing a personal bond by the appellant

in the sum of Rs.25,000/- (Rupees Twenty Five 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 08.4.2022 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: 2022.01.17 17:30:00 +05'30'