Madhya Pradesh High Court
Mangilal vs The State Of Madhya Pradesh on 4 July, 2022
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2016 of 2021
(MANGILAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2022
Ms. Sonali Gupta, learned counsel for the appellant.
Shri Bhuwan Deshmukh, learned Govt. Advocate for the
respondent/State.
Heard on I.A.No.8257/2022, which is an application for deleting the
name of appellant No.2/Ramlal s/o Bhawanwarlal from array of the appellants.
For the reasons assigned in the application, the I.A. 8257/2022 is allowed
and the counsel for the appellant is directed to carry out necessary amendment
in the cause title of the appeal memo and delete the name of appellant
No.2/Ramlal s/o Bhawanwarlal from the array of the appellants during the
course of the day.
Also heard on I.A.No.8255/2022, which is the first application filed
under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the
appellant-Mangilal s/o Amarchand Dhakad.
The appellant has been convicted vide judgment dated 18.12.2017 passed
in S.T.No.21/2017 and sentenced him for offence under Section 18(b)N.D.P.S.
for imprisonment of 10 years R.I. with fine of Rs.1,00,000/- with default
clause.
The allegation against the appellant is that he was found in possession of
12 kg. 500 gm.Opium.
Counsel appearing for the appellant has submitted that under identical
Signature Not Verified
SAN circumstances, the jail sentence of the co-accused Ramlal was suspended by
Digitally signed by MONI RAJU
Date: 2022.07.04 19:01:15 IST this Court in Cr.A.No.60/2021 dated 21.4.2022. It is further submitted that the
appellant was on bail during the trial and he has not misused the liberty so
granted to him and there is no possibility of early hearing of this criminal appeal
before this Court. Thus, it is submitted that the application be allowed and the
jail sentence of the appellant be suspended.
Counsel for the State, on the other hand, has opposed the prayer.
On due consideration of the submissions and on perusal of the record,
this Court finds force with the contention raised by the counsel for the
appellant. Thus, it would be expedient to allow the application for suspension
jail sentence of the appellant. Accordingly, the application I.A.No.8255/2022 is
allowed.
It is directed that on furnishing a personal bond by the appellant in the sum
o f Rs.50,000/-(Rupees Fifty thousand only) with a solvent surety 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 29.9.2022 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
Signature Not Verified
SAN
moni
Digitally signed by MONI RAJU
Date: 2022.07.04 19:01:15 IST
