Madhya Pradesh High Court
Meharban vs The State Of Madhya Pradesh on 30 June, 2023
Author: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8100 of 2023
(MEHARBAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 30-06-2023
Mr. Daniel Robert, counsel for the appellants.
Ms. Vinita Dwivedi, counsel for the respondent/State.
(1) Heard on the point of admission.
(2) The appeal is admitted for hearing.
(3) Let record of the Court below be requisitioned.
(4) Also heard on IA No.9257/2023 which is first application under
Section 389 (1) of the Code of Criminal Procedure, 1973, for suspension of jail
sentence and grant of bail filed on behalf of appellants namely; appellant
No.1 - Meherban S/o Ramchandra, appellant No.2 Mahendra @ Khatiya
S/o Hari Shankar, appellant No.3 Harshvardhan @ Tiger S/o Rajendra
@ Guddu, appellant No.4 Yogesh S/o Lakhan Lavre, appellant No.5
Vijendra @ Nanu S/o Ram Chandra, appellant No.6 Babu Singh S/o
Ram Chandra Patel, appellant No.7 Ratan Singh S/o Mannsingh,
appellant No.8 Rekhiya @ Hokam Singh S/o Bhawani Shankar Gurjar,
appellant No.9 Raja @ Sarwan S/o Aadil Khan and Pannalal S/o
Aatmaram Patidar.
(5) The appellants have been convicted by learned Sixth Additional
Sessions Judge, District - Shajapur (MP) in Session Trial No.81 of 2018 vide
judgment dated 16.06.2023 and have been sentenced them as under:-
Imprisonment
Section & Act Imprisonment Fine in lieu of fine
amount
148 IPC 02 years RI Rs.1,000/- 01 month RI
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 01-07-
2023 12:07:00
452 IPC 03 years RI Rs.1,000/- 01 month RI
427 IPC 03 months RI Rs.1,000/- 01 month RI
323 IPC (in
context to victim 03 months RI Rs.1,000/- 15 days RI
Babu Singh)
323 IPC (in
Rs.1,000/- on 15 -15 days RI
context to other 03 months RI
each accused to each accused
accused)
(6) Counsel for the appellants submitted that appellants are innocent and
have been falsely implicated in the aforesaid offence. The final conclusion of
this appeal would take sufficient time to conclude. Hence, prays for release of
the appellant on bail.
( 7 ) Per contra, Counsel for the respondent/State has opposed the
prayer for suspension of sentence and prays for its rejection.
(8) I have heard counsel for the parties and perused the record.
(9) Having considering the facts and circumstances of the case and the
fact that final conclusion of the appeal would take sufficient long time to
conclude, I am of the opinion that the jail sentence of appellants deserves to be
suspended. Accordingly, IA No.9257/2023 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited, and subject to
furnishing of personal bond by the appellants in the sum of Rs.50,000/-
(Rupees Fifty Thousand) each with one solvent surety each in the like amount
to the satisfaction of trial Court, the execution of remaining jail sentence of the
appellants be suspended till final disposal of this appeal.
(10) The appellants namely; appellant No.1 - Meherban S/o
Ramchandra, appellant No.2 Mahendra @ Khatiya S/o Hari Shankar,
appellant No.3 Harshvardhan @ Tiger S/o Rajendra @ Guddu, appellant
No.4 Yogesh S/o Lakhan Lavre, appellant No.5 Vijendra @ Nanu S/o
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 01-07-
2023 12:07:00
Ram Chandra, appellant No.6 Babu Singh S/o Ram Chandra Patel,
appellant No.7 Ratan Singh S/o Mannsingh, appellant No.8 Rekhiya @
Hokam Singh S/o Bhawani Shankar Gurjar, appellant No.9 Raja @
Sarwan S/o Aadil Khan and Pannalal S/o Aatmaram Patidar after being
enlarged on bail shall mark their presence before the concerned trial Court on
14.12.2023 and on all such subsequent dates which are fixed in this behalf.
(11) Accordingly, IA No.9257/2023 stands disposed of.
(12) List the appeal for final hearing in due course.
(13) Certified copy as per Rules.
(HIRDESH)
JUDGE
Arun/-
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 01-07-
2023 12:07:00
