Madhya Pradesh High Court
Mahendra Kumar vs The State Of Madhya Pradesh on 7 July, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4925 of 2023
(MAHENDRA KUMAR Vs THE STATE OF MADHYA PRADESH)
Dated : 07-07-2023
Shri Jitendra Yadav, learned counsel for the appellant.
Shri Bhuwan Gautam, learned G.A. for the respondent/State.
Heard on I.A. No.4932/2023, which is first application for suspension
of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of
appellant-Mahendra Kumar.
2 . The trial Court has convicted each of the appellant under section
364(A) of the I.P.C. and sentenced to undergo Life Imprisonment with fine of
Rs.5,000/- respectively with default stipulation vide judgment of conviction and
order of sentence dated 15.07.2022 passed by Additional Sessions Judge,
Bhanpura District-Mandsaur in S.T. No.45/2017.
3 . As per prosecution case, on 01.06.2017 appellant and coaccused
Balchand@ Banty had abducted Trilok Patidar (P.W.-3) for ransom of
Rs.70,00,000/- and took him to Kota (Rajasthan) by car. Ransom was
demanded from Sanjay Patidar (P.W.-1) who is brother-in-law (Saala) of Trilok
Patidar (P.W.-3) by mobile phone. Trilok Patidar P.W.-3 was recovered by
Kota Police and handed over to Bhanpura Police, District- Mandsaur.
4 . Learned counsel for the appellant submits that co-accused persons
Sohan@Sohanlal, Rajesh Dhobi and Aakash Gurjar were granted the benefit of
bail and their jail sentence were suspended vide order dated 27.02.2023 passed
in Cr.A. No.7199/2022 and in Cr.A. No.6569/2022. Case of the present
appellant is identical therefore, the present appellant is also entitled for
suspension of jail sentence and grant of bail. Appellant was in custody
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:45:48
15.07.2022. Hence, prayer is made for suspending the jail sentence of the
appellant and releasing him on bail.
5. On the other hand learned Govt. Advocate for the respondent/State
has opposed the prayer of the appellant but has not disputed the similarity of
the case of present appellant with the co-accused persons Sohan@Sohanlal,
Rajesh Dhobi and Aakash Gurjar who were granted bail.
We have heard learned counsel for the parties and perused the record.
6. It is not disputed by the learned Govt. Advocate that case of the
present appellant is identical with the co-accused persons Sohan@Sohanlal,
Rajesh Dhobi and Aakash Gurjar therefore, present appellant is also entitled for
suspension of jail sentence and grant of bail on the basis of similarity therefore,
without expressing any opinion on the merits of the case, I.A. No.4932/2023 is
allowed and the jail sentence of present appellant shall remain suspended.
7. It is directed that subject to depositing the fine amount, if already not
deposited, appellant-Mahendra Kumar shall be released on bail, on furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)
alongwith solvent surety in the like amount to the satisfaction of Trial Court, for
his appearance before the Registry of this Court firstly on 04.09.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
8. List the matter for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:45:48
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:45:48
