Jamsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 839 MP

 THE HIGH COURT OF MADHYA PRADESH, INDORE
                  BENCH
                 CRA No.5965/2021
                ( Jamsingh & Others Vs. State of M.P.)
Indore, dated 18/01/2022
        Heard through video conferencing.
    Shri A.Gupta, learned counsel for the appellants.
      Shri T. Pagare, learned P.L.. for the respondent /State.

Shri Ashay Jain, learned counsel for the objector. Also heard on I.A. No.27107/2021, an application filed under Section 389 (1) of Cr.P.C. For grant of suspension of jail sentence.

The appellants have been convicted and sentenced by the Special Sessions Judge, Jhabua vide judgment dated 23.09.2021 passed in S.T. No.157/2017 as under:

  Conviction                            Sentence
Sections     and Imprisonment        Fine          Imprisonment      in
Act                                                lieu of fine
333/34 of IPC     4 years            5000/-        06 Months S.I.

After arguing for length, learned counsel for the appellant prays for withdrawal of the application qua appellant no.2 Khuma @ Khumsingh.

Prayer is allowed.

The application is dismissed qua appellant no.2 Khuma @ Khumsingh.

In response to rest of the appellant, learned counsel for the appellants submits that the appellants are innocent persons and have been implicated falsely in the present case. The appellants are rustic villagers and no injury has been caused by them. They have not restrained the complainant from this duty. The final hearing of this appeal is not possible in near future. Hence, remaining jail sentence of the appellant be suspended.

On the other hand, learned counsel for the State/respondent as well as counsel for the objector have opposed the prayer.

Heard the counsel for the parties and perused the record. On due consideration of the submissions made on behalf of the parties, on perusal of the record, it would be appropriate to suspend the jail sentence of the appellants.

Accordingly, I.A. No.27107/2021 filed on behalf of appellant No.1 Jamsingh Bhuriya, Babu Bhuriya and Ansingh Bhuriya is allowed and it is directed that on furnishing personal bond by appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount 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 25.02.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

List for final hearing in due course.

(Rajendra Kumar (Verma)) Judge

amit

AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c79a8 1bc156ec0309c5245d47a0a52604de,

KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B1BC DCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107E91326BC 51DC9DCF83F25C9D67245FE3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2022.01.20 13:16:54 +05'30'