Yogesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9897 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 1136 of 2014
                                          (YOGESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 30-06-2023
                               Mr. Ramkrishna Shastri and Mr. Arjun Pathak - Advocates for

                         appellant.
                               Mr.    Kamal Kumar Tiwari - Government Advocate for the
                         respondent/State.

Ms. Mayuri Jain - Advocate appearing on behalf of Mr. Abhay Saraswat - Advocate for complainant.

Heard on I.A. No.9353/2023, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant No.3 - Manish.

Appellant stands convicted vide judgment dated 18/07/2014 passed in S.T.No. 277/2012 by Additional Sessions Judge, Mahidpur, District Ujjain (M.P.) under Sections 364-A and 395 of Indian Penal Code, 1860 and has been sentenced to undergo Life Imprisonment with fine of Rs.50,000/- for each section with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. He has already completed more than 11 years' jail sentence. This appeal is of the year 2014 and there is no likelihood of its final hearing in near future. He is the first offender and has no criminal record. He, therefore, prays for suspension of jail sentence of appellant No.3 and to release him on bail.

On the other hand, learned Govt. Advocate as well as learned counsel for the complainant oppose the prayer and prays for rejection of the application. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 7/1/2023 11:05:53 AM

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 No.3 Manish.

Accordingly, I.A. No.9353/2023 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 No.3 - Manish in the sum of Rs.40,000/- (Forty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the trial Court on 09/10/2023 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 No.3 - Manish shall remain suspended till final disposal of this appeal.

Certified copy as per rules.

                               (VIVEK RUSIA)                                              (ANIL VERMA)
                                   JUDGE                                                     JUDGE

                         Tej




Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 7/1/2023
11:05:53 AM