Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8508 MP

                                                        1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                CRA No. 6127 of 2023
                                          (MUKESH Vs THE STATE OF MADHYA PRADESH)

               Dated : 13-06-2023
                           Shri Sanjeev Agrawal, learned counsel for the appellant.

                           Shri Ramadhar Chaubey, learned Public Prosecutor for the
               respondent/State.

Heard on IA.No.8044/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-

Mukesh.

Vid e judgment dated 27th April, 2023 passed in S.T.No.99/2022 by Additional Sessions Judge, Pichhore, Distt. Shivpuri, appellant has been convicted under Sections 323 and 326 of IPC with maximum sentence of 4 years RI.

In brief case of the prosecution is that on 26.1.2022 complainant Pawan Jha along with his wife Shivkumari lodged a report that in the morning due to supply of water a dispute arose with his brother appellant Mukesh, due to which he started abusing him with filthy language. When he objected, appellant

assaulted him with axe. When his wife tried to intervene, she was also assaulted by the appellant with axe, due to which complainant and his wife sustained injuries. Complainant sustained fracture in lower radius bone.

It is submitted by learned counsel for the appellant that during trial he was on bail, but he did not misuse the liberty so granted. During trial, he remained in custody for 44 days and thereafter from the date of judgment i.e. 27.4.2023 he Signature Not Verified is in custody. Final hearing of the appeal will take time and he has a good case Signed by: MADHU SOODAN PRASAD Signing time: 14-06-2023 10:28:33 AM on merits. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.8044/2023 is allowed and it is directed that jail sentence of appellant Mukesh will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in

this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 14-06-2023 10:28:33 AM