Madhya Pradesh High Court
Manoj vs State Of M.P. on 14 July, 2023
Author: Vivek Rusia
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CRA No. 610/2021
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
CRA No. 610 of 2021
(MANOJ S/O. BACCHU PATHARIYA & OTHERS. V/S. STATE OF
M.P.)
Date: 14.07.2023 :
Shri Vivek Singh, learned counsel for the appellant.
Shri Sudarshan Joshi, learned Govt. Advocate for the
respondent/State.
Shri Ikram Ansaari, learned counsel for the objector.
Heard on I.A. No.8532/2023, a repeat (2nd) application filed u/s.
389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant
No.2 - Devi Singh @ Devi Pahalwan.
The appellant stands convicted vide judgment dated 31.12.2020
passed by Addl. Sessions Judge, Dhar in Sessions Trial No. 142/2015
u/s. 148, 302/149, 323/149 and 342 of the IPC and sentenced to
undergo one year RI; life imprisonment; 3 months RI; and 3 months'
RI and to pay fine of Rs.1,000/- for the offence u/s. 302/149 of IPC
with default stipulation.
Learned counsel for the appellant submits that the appellant has
been falsely implicated in this case. The allegation against the
appellant is that he said to have assaulted Dinesh by sword and for
which he has been convicted u/s. 323 of the IPC. He has been
convicted u/s. 302 with the aid of Section 149 of the IPC. The
appellant No.2 has fair chances of success in this appeal. This appeal
is of the year 2021 and there is no likelihood of early hearing of this
appeal in near future. He, therefore, prays for suspension of jail
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CRA No. 610/2021
sentence of appellant No.2 and to release him on bail.
On the other hand, learned Govt. Advocate as well as learned
counsel appearing for the objector oppose the prayer and prays for
rejection of the application.
In view of the above facts and circumstances of the case in
totality, without commenting anything on the merits of the case, we
deem it proper to suspend the jail sentence of this appellant.
Accordingly, I.A. No.8532/2023 is allowed and it stands closed.
It is directed that subject to deposit of fine amount with the trial Court,
if not already deposited, and on furnishing personal bond by the
appellant - Devi Singh @ Devi Pahalwan in the sum of Rs.50,000/-
(Fifty Thousand only) with one solvent surety in the like amount to
the satisfaction of learned trial Court for his appearance before the
Registry of this Court on 12.12.2023 and on all such subsequent dates,
which are fixed in this behalf, during pendency of this appeal the
execution of custodial part of the jail sentence of the appellant shall
remain suspended till final disposal of this appeal. I.A. No.
8533/2023, an application for early hearing of appeal, stand disposed
of.
C.C. as per rules.
[ VIVEK RUSIA ] [ANIL VERMA]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2023.07.17 12:46:37 +05'30'
