Madhya Pradesh High Court
Mukesh vs The State Of Madhya Pradesh on 20 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12578 of 2022
(MUKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-01-2023
Shri Siddharth Jain - Advocate for the appellant.
Shri Virajj Godhha - Panel Lawyer for respondent/ State.
Record of the trial Court has been received.
Heard on admission.
Present appeal is admitted for final hearing.
Heard on I.A. No. 303 of 2023, which is an application for amendment.
Proposed amendment is formal in nature. It is necessary to cure the
typographical error.
Accordingly, I.A. No.303 of 2023 is allowed and appellant is permitted to
amend the name of the police station in the appeal memo.
Heard on I.A. No.16934 of 2022, which is an application for urgent
hearing. Matter is already taken up for hearing. Therefore, this application is
disposed off being rendered infructuous.
Also heard on I.A. No.16933 of 2022, which is an application under
Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of
bail to all the appellants i.e. appellants Nos.1 to 9.
Appellants No.1 Mukesh, No.4 Shyamlal and No.6 Rajat Mali have been
convicted under Section 148 of IPC and rest of the appellants have been
convicted under Section 147 of IPC and each of them are sentenced to under
go 06 months RI with fine of Rs.500/-. In addition to that all the appellants have
been convicted and sentenced under Sections 323/149 (2 counts) of IPC with
fine of Rs.1,000/- (2 counts), u/s 326 of IPC by 05 years RI with fine of
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/20/2023
6:47:22 PM
Rs.2,000/- and 326/149 of IPC by 05 years RI with fine of Rs.2,000/- with
usual default stipulation.
Learned counsel for the appellants submits that all the appellants are
innocent persons and they have been falsely implicated in this matter. They are
in custody since 12.12.2022 i.e. the date of judgment. During the trial appellants
were on bail and they have not misused the liberty granted to them. 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 all the
appellants. Hence, the execution of the remaining part of the jail sentence of all
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. However, he
fairly admits that no criminal antecedent has been found against all the
appellants.
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 are not having any criminal antecedent; they were on bail during the
trial; there is no complaint that they have misused the liberty granted to them;
incident has taken place at the field of the appellants and a cross case has also
been registered against the opponent party and final conclusion of the appeal
will also take sufficient long time. In view of the aforesaid facts and
circumstances of the case, I find it is to be a fit case to suspend the remaining
custodial sentence of all the appellants.
Accordingly, I.A. No.16933 of 2022 is allowed and it is directed subject
to deposit of fine amount, if not already deposited, and subject to furnishing
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/20/2023
6:47:22 PM
personal bond by all the appellants in the sum of Rs.75,000/- (Rupees
Seventy Five Thousand Only) each with one surety each in the like amount to
the satisfaction of learned trial Court for their appearance before the Registry of
this Court on 15/06/2023 and on all such subsequent dates, which are fixed in
this behalf, the execution of remaining custodial part of the sentence of all the
appellants shall remain suspended, till final disposal of this appeal.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Anushree
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/20/2023
6:47:22 PM
