Lakhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3773 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.5864 OF 2022
         (Lakhan and Others vs The State of Madhya Pradesh)


Indore, Dated 03.03.2023
     Ms. Kamlesh Sarda, counsel for the appellants.
     Mr. Sudhanshu Vyas, counsel for the respondent/State.

Heard on IA No.16383/2022 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of appellants namely; - appellant No.1 Lakhan S/o Radheshyam Nal, appellant No.2 Surendra Singh S/o Mohansingh Nal and appellant No.3 Mithun Kamad S/o Vikram who have been convicted by learned 05th Additional Sessions Judge, Dewas, in Session Trial No.231/2020 vide judgment dated 21.04.2022 and has been sentenced them as under:

              Conviction                           Sentence
     Section & Act     Imprisonment        Fine     Imprisonment in
                                          Amount      lieu of fine
    399 IPC for         10 years RI       2000/-      03 months RI
    accused Lakhan
    402 IPC for         07 years RI       2000/-      03 months RI
    accused Lakhan
    399 IPC for         10 years RI       2000/-      03 months RI
    accused Surendra
    and Mithun
    402 IPC for         07 years RI       2000/-      03 months RI
    accused Surendra

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5864 OF 2022 (Lakhan and Others vs The State of Madhya Pradesh)

and Mithun 25(1-B)(B) of 03 years RI 2000/- 03 months RI Arms Act for accused Surendra and Mithun

Counsel for the appellants submits that co-accused persons namely; Rajendra and Kamal Nal have been released on bail and their jail sentence have been suspended. The appellants are in jail for about two years and seven months. There is no likelihood of hearing of appeal in near future. With these submissions, suspension has been sought.

Per contra, counsel for the State supports the impugned order of conviction and sentence and submits that from appellant No.1 Lakhan, lathi was seized, from appellant No.2 Surendra, knife was seized and from appellant No.3 Mithun gupti was seized and hence prays for rejection of suspension of sentence of appellants.

After hearing learned counsel for the parties and taking into consideration the fact that the appellants have already undergone the jail sentence of more than two years and seven

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5864 OF 2022 (Lakhan and Others vs The State of Madhya Pradesh)

months and that there is no likelihood of early hearnig of appeal in near future, without expressing anything on merits of the case, the application IA No.16383/2022 is being allowed.

It is directed that substantive jail sentence of appellants shall be suspended subject to their depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) each with one local solvent surety each of like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 18.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.16383/2022 stands disposed of.

In view of the above, the IA for urgent hearing application and other IAs are also stands disposed of.

List the appeal for final hearing in due course. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.03.03 19:23:44 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5864 OF 2022 (Lakhan and Others vs The State of Madhya Pradesh)