Madhya Pradesh High Court
Sheetal Jain vs State Of Madhya Pradesh on 23 June, 2023
Author: Anuradha Shukla
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6253 of 2023
(SHEETAL JAIN AND OTHERS Vs STATE OF MADHYA PRADESH)
Dated : 23-06-2023
Shri Anand Mohan Khare - Advocate for the appellants.
Shri Pankaj Raj - Panel Lawyer for the State.
Shri A. K. Jamolkar - Advocate for the complainant.
Heard on the question of admission.
The appeal being arguable is admitted.
Also heard on I.A No.10204/2023, which is first application under
Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved
on behalf of the appellants.
T he appellants have been convicted for the offences punishable under
Section 420 of IPC and sentenced to undergo 3 years RI with a fine of
Rs.2,000/- each. They have also been convicted for the offences punishable
under Sections 467, 468 and 12-B of IPC and sentenced to undergo R.I. for 5
years with fine of Rs.2,500/- each, with default stipulations.
Learned counsel for the appellants submits that the appellants are
innocent and have falsely been implicated in the matter. The learned trial Court
has erred in not appreciating the fact that there are material omissions and
contradictions in the versions of the prosecution witnesses. The appellants are
in jail since 29.04.2023. He further submits that there is no likelihood of hearing
of appeal in near future. Hence, it is prayed that the application for suspension
of sentence may be considered.
Learned counsel for the State opposes the application and prays for its
rejection. On the other hand, learned counsel for the complainant has not
opposed the application.
Heard learned counsel for the parties, perused the record and the
judgment of the court below.
O n due consideration of the submissions made on behalf of the
appellants, this Court is of the opinion that it would be appropriate to suspend
the jail sentence of the appellants. Accordingly, I.A. filed on behalf of the
appellants is allowed.
It is directed that subject to deposit of fine amount, if already not
deposited and on furnishing a personal bond by the appellants in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in
the like amount to the satisfaction of learned trial Court for their regular
appearance before the concerned trial Court, the execution of custodial part of
the remaining sentence imposed against the appellants shall remain suspended,
till final disposal of this appeal.
T he appellants, after being enlarged on bail, shall mark their presence
before the concerned trial Court on 03.10.2023 and on all such subsequent
dates, which are fixed in this regard by the concerned trial Court.
List for final hearing in due course.
Certified Copy as per rules.
(ANURADHA SHUKLA)
JUDGE
ps
Digitally signed by PRASHANT
SHRIVASTAVA
Date: 2023.06.24 11:24:16 +05'30'
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