Mahesh @ Maya vs The State Of Madhya Pradesh
2023 Latest Caselaw 9071 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRR No. 541 of 2023
                                        (MAHESH @ MAYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-06-2023
                                 Shri Manish Yadav, learned counsel for the applicants.

                                 Shri Amit Rawal, Govt. Advocate for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.5882/2023 application under Section 397 of the

Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant No.1 Mahesh @ Maya and applicant no.2 Kamal.

The applicants have filed this revision against judgment dated 28.01.2023

passed by IInd Additional Sessions Judge, Sarangpur, District Rajgarh in Cr.A. No.24/2018 affirming the judgment dated 28.2.2018 passed by Judicial Magistrate First Class, Sarangpur, District Rajgarh in Criminal Case No.1339/2012 convicting the applicant under Sections 545 and 380 of IPC and sentenced to undergo 2 years R.I., 2 years R.I. each with fine of Rs.500/-,

Rs.500/- respectively with default stipulation.

Learned counsel for the applicants have submitted that applicants have been falsely implicated in the case. It is further submitted that the applicants have already served the minimum sentence and final hearing of this revision will take sufficient long time and if the sentence is not suspended, the present revision filed by the applicant may turn infructuous. Hence, prays for suspension of sentence and grant of bail.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 19-06-2023 18:46:26

Learned Govt. Advocate for the respondent/State opposes the application and prays for its rejection.

Accordingly, without expressing any opinion on merits of the case, I.A.No.5882/2023 is allowed and it is directed that the execution of jail sentence awarded to the applicants No.1 Mahesh @ Maya and applicant no.2 Kamal shall remain suspended till final disposal of the revision, subject to depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with separate surety in the like amount to the satisfaction of the trial Court for her appearance before trial Court on 12.12.2023 and on such other dates as may be fixed by the

concerned Court in this regard.

I.A.No.5882/2023 stands allowed and disposed off. Certified copy as per rules.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 19-06-2023 18:46:26