Kallibai And 8 Ors. vs The State Of Madhya Pradesh
2022 Latest Caselaw 9975 MP

                                    1
               IN THE HIGH COURT OF MADHYA PRADESH
                             AT INDORE
                             CRA No. 1238 of 2011
           (KALLIBAI AND 8 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-07-2022
      Shri K.P.Pandey, learned counsel for the appellant No.9 Suresh.

      Shri Bhaskar Agrawal, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.5742/2022, a 4th repeat application filed under section 389 Cr.P.C for suspension of sentence on behalf of appellant No.9 Suresh.

The appellant has filed this appeal against the judgment dated 29.09.2011

passed by 12th A.S.J, Indore in Sessions Trial No.331/2010 whereby the trial Court has convicted the appellant Suresh for the offence punishable under sections 148, 324/149 & 302/149 of the IPC and sentenced to undergo RI for 2 years with fine of Rs.1000/-, 2 years RI with fine of Rs.1000/- and life imprisonment with fine of Rs.5000/- respectively with further default stipulation.

Learned counsel for the appellant submits that so far as the present appellant is concerned there is no allegation of causing any injury by him. The main allegation is against appellant Ganesh who was granted the benefit of suspension of sentence by this Court on 05.07.2022. He further submits that

out of nine appellants, five have been given the benefit of suspension of sentence by this Court. The appellant Suresh is in jail since the date of arrest and he has completed 12 years and six months jail sentence so far.. He is ready to argue the appeal finally as and when it is listed, hence prays for suspension of his remaining jail sentence.

Learned Govt. Advocate appearing for the respondent/State opposes the application.

Considering the facts and circumstances of the case and the arguments

advanced by the counsel for the appellant especially the fact that the appellant has undergone 12 years and six months jail sentence so far, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A.No.5742/2022 stands allowed and it is directed that the execution of the remaining jail sentence passed against appellant Suresh shall stand suspended during the pendency of this appeal subject to his depositing the fine amount (if already not deposited) and furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 16.01.2023 and on such further dates as may be fixed in this behalf by the

Registry during the pendency of this appeal.

C.c as per rules.

      (VIVEK RUSIA)                            (AMAR NATH (KESHARWANI))
         JUDGE                                          JUDGE

hk/


      Digitally signed by HARI
      KUMAR C G NAIR
      Date: 2022.07.21 17:04:45
      +05'30'