Madhya Pradesh High Court
Mahendra vs The State Of Madhya Pradesh on 19 May, 2022
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.4511/2022
(Mahendra Lodhi Vs. State of M. P.)
-1-
Indore, dated 19/05/2022
Shri Anirudh Saxena, learned counsel for the appellant.
Shri Hitendra Tripathi, learned Deputy Government
Advocate for the respondent / State.
IA.No.6943/2022 is an application for urgent hearing and
hearing of the appeal during vacation. On due consideration, the
same is allowed.
Also heard on I.A. No.6942/2022, which is an application
under Section 389(1) of the Cr.P.C. for suspension of custodial
sentence on behalf of appellant -Mahendra.
The appellant stands convicted vide judgment dated
07/05/2022 passed by 1st Additional Session Judge, Biaora, District
Rajgarh (M.P.) in S. T. No.355/2020 for the offences punishable
under Section 354 of the Indian Penal Code, 1860 and has been
sentenced to undergo 01 year's RI with fine of Rs.5,000/- with
default stipulation.
Counsel for the appellant submits that appellant was on bail
during the trial and he has not misused the liberty granted to him.
The trial Court itself has suspended his jail sentence till 07/06/2022
after passing the final order. Looking to old pendency of the cases
for consideration, final conclusion of the case would take sufficient
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.4511/2022
(Mahendra Lodhi Vs. State of M. P.)
time. There is a strong case in favour of the appellant. In view of the
statement of the witnesses, offence is not established against the
appellant. Hence, the execution of the remaining part of the jail
sentence be suspended.
Per contra learned counsel for the State opposes the
application and prays for its rejection. However, he fairly admits
that as per the record no criminal antecedents has been found
against the applicant.
Considering all the facts and circumstances of the case,
nature of the allegation against the appellant and also taking note of
the fact that appellant was on bail during the trial, his jail sentence
is already suspended till 07/06/2022, he has no criminal background
and there is no complaint that he has misused the liberty granted to
him. Final conclusion of the appeal will take long sufficient time. In
view of the aforesaid facts and circumstances of the case, I find it is
to be a fit case to suspend the custodial sentence of the appellant.
Accordingly, I.A.No.6942/2022 is allowed and it is directed
that subject to deposit of the fine amount, if not already deposited,
with the trial Court and on furnishing personal bond by the
appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one solvent surety in the like amount to the satisfaction
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.4511/2022
(Mahendra Lodhi Vs. State of M. P.)
of learned trial Court for his appearance before the Registry of this
Court, the execution of remaining custodial part of the sentence of
the appellant shall remain suspended till final disposal of this
appeal.
The appellant after being enlarged on bail shall mark his
presence before the Registry of this Court on 01/11/2022 and on all
such subsequent dates, which are fixed in this behalf.
With the aforesaid, I.A. No.6942/2022 stands disposed of.
Office to requisition the record of the Court below.
Certified copy as per rules.
(ANIL VERMA)
VACATION JUDGE
Tej
Digitally signed by
TEJPRAKASH VYAS
Date: 2022.05.19
18:07:18 +05'30'
