Mithun @ Sunil vs The State Of Madhya Pradesh
2023 Latest Caselaw 6567 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       CRA No. 889 of 2023
                                            (MITHUN @ SUNIL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-04-2023
                                Shri Ravindra Singh Parmar, learned counsel for the petitioner.

                                Shri Bhuwan Deshmukh, Govt. Advocate for the respondent/State.

Heard on the question of admission.

Admit.

Heard on IA No.652/2023, which is an application under Section 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant Mithun @ Sunil.

This appeal is filed by the appellant being aggrieved by the judgment dated 28.12.2022 passed by learned Second ASJ, Biaora District Rajgarh in S.T.No.361/2017 whereby the appellant has been convicted for the offence under Sections 394/120-B of the IPC and sentenced to undergo 10 years R.I. with fine of Rs.5,000/- with default stipulation.

Other three co-accused persons namely Ravi, Arvind and Deepak @ Majbut preferred the criminal appeals i.e. Cr.A.No.8877/2019, 9801/2019 and

10447/2019 and their jail sentence have been suspended by the coordinate Bench of this Court vide order dated 14.02.2020.

Learned counsel for the appellant submits the appellant is innocent and has been falsely implicated in the case. He further submitted that the case of the present appellant is better than those three appellants as at the time of loot he was not in the vehicle as noted by the learned Session Court. He has been convicted with the aid of Section 120-B of the IPC. Hence, he prays that jail sentence of the appellant be suspended.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 4/25/2023 2:43:38 PM

Learned Government Advocate opposes the application and prays for its rejection.

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

Accordingly, IA No.652/2023 is allowed and it is directed that on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his 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, the appellant shall mark his presence before concerned trial court on 09.10.2023 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.

IA No.652/2023 stands disposed of.

List for final hearing in due course.

Certified copy, as per rules

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 4/25/2023 2:43:38 PM