Lakhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 473 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 11354 of 2022
                                            (LAKHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-01-2023
                                Shri Vivek Singh - Advocate for appellants.

                                Shri Kapil Mahant - Panel Lawyer for the respondent/State.

Shri Mohammed Imran Khan - Advocate for complainant.

As per the verification report submitted by Registry, both the parties have arrived at a compromise voluntarily, without any threat, inducement and

coercion and they have amicably resolved their disputes by filing a joint compromise petition under Section 320 of Cr.P.C.

Effect of the compromise will be considered at the time of final disposal of this appeal.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on IA.No.15682/2022, which is first application on behalf of appellant No.4 Jitendra and IA.No.16147/2022, which is first application on behalf of appellants No.1 Lakhan, No.2 Nilesh and No.3 Bhairulal under Section

389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence.

Vide judgment dated 30/11/2022 passed by Additional Sessions Judge, Badnawar, Dhar (M.P.) in S. T. No.05/2018, the appellant No.1 Lakhan stands convicted under Section 307 of IPC and Section 25(1-B) of the Arms Act and has been sentenced to under go 07 years RI with fine of Rs.3,000/- and 01 year RI with fine of Rs.1,000/- respectively and rest of the appellants have been convicted under Section 307/34 of the IPC and have been sentenced to undergo 07 years RI with fine of Rs.3,000/- each with usual default stipulation. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/10/2023 12:19:57 PM

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. Before this Court, complainant and appellants have jointly preferred a compromise petition under Section 320 of Cr.P.C., which has been duly verified by the Registry of this Court. 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 applications 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 have misused the liberty granted to them; as per the compromise petition parties have amicably settled their dispute 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 the appellants.

Accordingly, I.A. Nos.15682/2022 and 16147/2022 are allowed and it is directed 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 sureties in the like amount to the satisfaction of learned trial Court for their appearance

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/10/2023 12:19:57 PM

before the Registry of this 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 20/04/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/10/2023 12:19:57 PM