Manish vs The State Of Madhya Pradesh
2022 Latest Caselaw 13584 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 9199 of 2022 (MANISH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 14-10-2022 Ms. Smriti Razoan, learned counsel for the appellants.

Ms. Varsha Thakur Dy. G.A. appearing on behalf of Advocate General/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Let the record be requisitioned from the Court below.

Als o heard on I.A. No.13490/2022, which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellants.

The appellants have been convicted for offence under Section 452 of IPC, 1860 and sentenced to undergo 01 years R.I. with fine of Rs.100/- and usual default stipulations each.

Learned counsel for the appellants submits that immediately after the pronouncement of the judgment the appellants were granted benefit of suspension on the same day. Appellants have been convicted for a short

sentence. The appellants and the complainant both the compromised the case and the learned Court below has acquitted the appellants in all the Sections except the provision of Section 452 of IPC. At this stage, suspension of jail sentence has been sought on the ground that the jail sentence was already suspended till 15.10.2022, the final hearing of this appeal is not possible in near Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2022.10.14 future. Hence, remaining jail sentence of the appellants be suspended. 18:21:02 IST

I n due consideration of the submissions made on behalf of the

appellants, on perusal of the record and looking to the fact that the jail sentence of the appellants is already suspended till 15.10.2022, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No.13490/2022 filed on behalf of appellant is 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 each 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 15.11.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

List in due course for final hearing.

(RAJENDRA KUMAR (VERMA)) JUDGE

amit

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.10.14 18:21:02 IST