Radheshyam vs The State Of Madhya Pradesh
2022 Latest Caselaw 8809 MP

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                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                        CRA No. 5342 of 2022
                                                          (RADHESHYAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 01-07-2022
                                                   Shri Vivek Singh, learned counsel for the appellants.

                                                   Shri Pranay Joshi Pl appearing on behalf of Advocate General.
                                                   Heard on I.A. No.8638/2022, an application filed under Section 389(A)
                                            of Cr.P.C. on behalf of the appellants.
                                                   T he appellants have been convicted under Section 420/109, 466/109,
                                            471/109 of IPC and sentenced for 3-3 and 2 years RI within fine of Rs.6000/-

                                            with default stipulations. In addition, appellant no.3 Bhagwan Dawade has also
                                            been sentenced under Section 465 and 468 for 1 and 3 Years R.I. with fine and
                                            default stipulations.
                                                   Learned counsel for the appellants submits that the appellants
                                            immediately after the pronouncement of the judgment was granted benefit of
                                            suspension     on the same day. Short sentence of three years has been
                                            pronounced in all the aforesaid sections. At this stage, suspension of jail
                                            sentence has been sought on the ground that the jail sentence is already
                                            suspended till 14.07.2022, the final hearing of this appeal is not possible in near

                                            future. Hence, remaining jail sentence of the appellants be suspended.
                                                   On the other hand, learned counsel for the State/respondent opposed the

prayer.

In due consideration of the submissions made on behalf of the parties, on perusal of the record and looking to the fact that the jail sentence is already Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2022.07.02 suspended till 14.07.2022, it would be appropriate to suspend the jail sentence 13:58:47 IST

of the appellants.

Accordingly, I.A. No.8638/2022 filed on behalf of appellants are allowed and it is directed that subject to deposit fine amount and 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.

T he appellants, after being enlarged on bail, shall mark their presence before the concerned trial Court on 29.08.2022 and on all such subsequent

dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

The appeal is admitted for final hearing. In the meantime, record be requisitioned. List for final hearing in due course.

(RAJENDRA KUMAR (VERMA)) JUDGE

amit

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.07.02 13:58:47 IST