Shankarlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 5573 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                            CRA No. 4686 of 2023
              (SHANKARLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 05-04-2023
      Shri Anirudh Saxena, learned counsel for the appellants.

      Shri Rahul Solanki, learned Government Advocate for the State.

      Heard     on I.A.No.4663/2023, which is first application under
Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail
sentence on behalf of the appellants Shankarlal and Balu @ Babulal @

Baluram.
      Appellants stand convicted vide judgment dated 21.03.2023 passed
in S.T.No.176/2019 by Sessions Judge, Rajgarh (Biaroa) District Rajgarh under
Sections 436 of of Indian Penal Code and has been sentenced to undergo R.I.
for six months with fine of Rs.15,000/- (each) with usual default stipulation.
      Learned counsel for the appellants submit that appellants are
innocent persons and they have been falsely implicated in this matter.
During the trial, appellants were on bail and they have not misused the liberty
granted to them. Their jail sentence has also been suspended by the Trial Court

till 21.04.2023. Looking to old pendency of the cases for consideration, final
conclusion of this appeal would take sufficient long time. There is a strong case
in favour of the appellants. Hence, the execution of the remaining part of the jail
sentence of the appellants be suspended till the final disposal of this appeal.
      Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellants and also taking note of the

fact that appellants were on bail during the trial; there is no complaint that they misused the liberty granted to them and final conclusion of the appeal will also take sufficiently long time. In view of the aforesaid facts and circumstances of the case, I deem it to be a fit case to suspend the remaining custodial sentence of the appellants.

Accordingly, I.A.No.4663/2023 is allowed and it is directed that subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellants in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of

remaining custodial part of the sentence of the appellants shall remain suspended, till final disposal of this appeal. The appellants after being enlarged on bail shall mark their presence before the Registry of this Court on 10.10.2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE vidya SREEVIDYA 2023.04.06 10:41:54 +05'30'