Shantibai vs Viva Infrastructure Limited Pune ...
2022 Latest Caselaw 4214 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                                    AT INDORE
                                      BEFORE
                       HON'BLE SHRI JUSTICE VIVEK RUSIA

                          ON THE 25th OF MARCH, 2022

                         Criminal Appeal No.7706/2021
     (Shantibai and others Vs. Viva Infrastructure Limited Pune (Maharashtra)

                                    ORDER

Indore:-25.03.2022 Shri Vinod Thakur, learned counsel for the appellant no.2, 3 and

4. Heard on I.A. No.1308/2022, which is first application under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the appellant No.2 Mohanlal, appellant No.3 Omkarlal and appellant No.4 Lalit.

The present appeal has been filed against judgment dated 09.12.2021 passed by the III Additional Sessions Judge, Barwah District Mandleshwar in Sessions Trial No.100054/2016 whereby they have been convicted as under:-

                 Conviction                                       Sentence
     Section and Act      Imprisonment          Fine if deposited       Imprisonment in
                                                     details              lieu of fine
 420 r/w 120(B) of         7 years R.I.              Rs.5,000/-          6 months R.I.
      the IPC
     465 of the IPC        2 years R.I.              Rs.5,000/-          6 months R.I.
     468 of the IPC        7 years R.I.              Rs.5,000/-          6 months R.I.

Learned counsel for the appellants submitted that the learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for seven years is on the higher side and disproportionate

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to the alleged crime. The appeal is likely to take considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of the appellants be suspended and they be released on bail.

Learned Govt. Advocate for the respondent/State opposes the application for suspension of jail sentence of the appellants.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellants deserved to be allowed.

Accordingly, I.A. No.1308/2022, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellants in the sum of Rs.40,000/-(Rupees Forty Thousand only) each with one separate sureties in the like amount to the satisfaction of the learned trial Court for their appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark their presence before the registry of this Court on 12/10/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.1308/2022 and IA No.3185/2022 stands disposed of. List the appeal for final hearing in due course. Certified copy, as per rules.

(VIVEK RUSIA ) JUDGE Ajit/-

AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001,

KAMALASA st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba 241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE 901C09EF29,

NAN serialNumber=7F0BEE2D78BD57DA058F3247441C8 7E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.03.25 19:53:18 +05'30'