Laxmi Narayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13485 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 10427 of 2022
                                       (LAXMI NARAYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-08-2023
                                Shri Nitin Goyal - Advocate for the appellants.

                                Shri Rajeev Upadhyaya - Public Prosecutor for respondent/State.

Heard on IA No.3736 of 2023, an application moved on behalf of the appellants, seeking exemption from the condition imposed in the order passed on 28.11.2022.

This appeal under Section 374 of Cr.P.C. has been preferred against the judgment of conviction and order of sentence dated 29.10.2022 passed by Seventh Additional Sessions Judge, Shivpuri, District Shivpuri (M.P.) in Sessions Trial No.217/2017; whereby, the appellants have been convicted under Section 419 of IPC and sentenced to undergo one year's rigorous imprisonment with fine of Rs.1,500/-, under Section 467 of IPC and sentenced to undergo three years' rigorous imprisonment with fine of Rs.2,000/-, under Section 468 of IPC and sentenced to undergo three years' rigorous imprisonment with fine of Rs.2,000/- and under Section 471 of IPC and sentenced to undergo three years'

rigorous imprisonment with fine of Rs.1,500/-, with default stipulations.

B y the order dated 28.11.2022, this Court had suspended the jail sentence of appellants. However, amongst others a condition was imposed to the effect that "(iii) Appellants shall mark their attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon".

Learned counsel for the appellants submits that appellant No.1 Laxminarayan is 86 years' old and infirm person who finds difficulty even in Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 8/21/2023 7:22:48 PM

moving and has been receiving treatment regularly in the hospital whereas appellant No.2 Deepak is rendering his endeavours being posted at Noida as a Chief Project Manager in an NGO. The instant application is supported by documents and the affidavit duly sworn in by appellant No.2 substantiating the grounds. Thus, learned counsel for the appellants prays for waiver of such condition.

Shri Rajeev Upadhyaya, learned Public Prosecutor appearing on behalf of the State, in all fairness, has not opposed the application.

Consequently, the aforesaid condition in the order dated 28.11.2022 is hereby waived during pendency of the present appeal.

IA No.3736 of 2023 stands allowed.

(ROHIT ARYA) JUDGE

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Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 8/21/2023 7:22:48 PM