Munshikha vs The State Of Madhya Pradesh
2023 Latest Caselaw 20799 MP

Madhya Pradesh High Court

Munshikha vs The State Of Madhya Pradesh on 8 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                      1
   HIGH COURT OF MADHYA PRADESH AT INDORE
             CRIMINAL APPEAL NO.12259 OF 2023
          (Munshikha & Others vs The State of Madhya Pradesh)


Indore, Dated 08.12.2023
      Mr. Santosh Kumar Meena, counsel for the appellants.
      Mr.      Surendra      Gupta,        learned       counsel     for   the
respondent/State.

Heard on IA No.17772/2023 which is second temporary suspension application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of appellant No.1 - Munshikha S/o Mamukha who has been convicted by Fifth Additional Sessions Judge, Mandsaur, in Session Trial No.1300033/2016 vide judgment dated 29.08.2023 and has been sentenced him as under:-

               Conviction                              Sentence
     Section & Act     Imprisonment        Fine          Imprisonment in
                                          Amount           lieu of fine
     304(Part-II)/34    10 years RI   Rs.25,000/-           01 year RI
          IPC
      323/34 IPC       03 months RI       Rs.1,000/-        15 days RI
          452 IPC       05 years RI       Rs.5,000/-       02 months RI

Counsel for the appellant No.1 submits that appellant No.1 is suffering from serious heart disease and needs immediate treatment. He further submits that appellant No.1

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.12259 OF 2023 (Munshikha & Others vs The State of Madhya Pradesh)

was on bail during trial and has not misused the liberty so granted to him. There is no likelihood of early hearing of this appeal in near future. Hence, counsel for the appellant No.1 prays for temporary suspension of jail sentence for a period of two months.

Per contra, learned counsel for the respondent/State has opposed the application and prays for its rejection.

On due consideration of the aforesaid facts and looking to the serious illness of appellant No.1 but without expressing anything on the merits of the case, prayer for temporary suspension of jail sentence of appellant No.1 is allowed.

It is directed that substantive jail sentence of appellant No.1 - Munshikha S/o Mamukha shall be temporarily suspended for a period of 45 days (Forty Five Days) from the date of his release, subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of trial Court. The appellant No.1 shall surrender immediately before the trial

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.12259 OF 2023 (Munshikha & Others vs The State of Madhya Pradesh)

Court after expiration of forty five days. Accordingly, application IA No.17772/2023 stands disposed of.

Certified copy, as per Rules.

                                                                        (PREM NARAYAN SINGH)
Arun/-                                                                       JUDGE


ARUN

         DN: c=IN, o=HIGH COURT OF MADHYA

2.5.4.20=d5b56e3de75e7828ced1a96bc4f 01804c3ea1f0a5497e4019e41c0a82cbabb

NAIR f0, postalCode=452001, st=Madhya Pradesh, serialNumber=192F2423E128DC1CC004D D8FF22B3F2FFC3D1EF75981FCBEF3B2B7 6823F270F7, cn=ARUN NAIR Date: 2023.12.09 17:56:47 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.12259 OF 2023 (Munshikha & Others vs The State of Madhya Pradesh)