Mahesh @ Maya vs The State Of Madhya Pradesh
2023 Latest Caselaw 4379 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 : 20-03-2023

       Shri Manish Yadav, learned counsel for the appellant.

       Ms. Mamta Shandilya, learned G.A. for the respondent/State.

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Heard on the question of admission.

Admit.

Also heard on I.A.No.1795/2023 which is first application under Section 397 r/w 401 of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant No.1 - [email protected], applicant No.2 - Kamal and applicant No.3 - [email protected]

The applicants No.1, 2 and 3 have filed this revision against judgment dated 28.01.2023 passed by II Additional District Judge, Sarangpur, District Rajgarh (Biaora) convicting the applicant No.1 and 2 under Sections 454 and 380 of IPC and sentenced to undergo R.I. of 2-2 years & 2-2 years, with fine of Rs.500/- Rs.500/- & Rs.500/- Rs.500/- respectively with default stipulation.

Applicant No.3 is convicted under Section 411 of IPC and sentenced to undergo 1 year's R.I. with fine of Rs.1,000/- with default stipulation.

Learned counsel for the applicant prays for withdrawal of the application for suspension of jail sentence and grant of bail filed on behalf

of applicant No.1 and 2.

Prayer is allowed.

Accordingly, I.A. No.1795/2023 is dismissed as withdrawn in respect of applicant No.1 - [email protected] and applicant No.2 - Kamal.

Now, this application is considered only in respect of applicant No.3

- [email protected]

Learned counsel for the applicant No.3 submits that the applicant No.3 is the first offender and has falsely been implicated in the present case, he has no criminal past and is not a habitual offender. Hence, prays for suspension of sentence.

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

Heard.

Considering the facts and circumstances of the case, I am of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant No.3 deserves to be allowed.

Accordingly, I.A. No. 1795/2023, is allowed in respect of applicant No.3 and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant No.3- [email protected] in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court and on deposit of fine amount (if not already deposited), the execution of custodial part of the jail sentence shall remain suspended, till the final disposal of this appeal. The appellant No.3 after being enlarged on bail, shall mark his presence before the Registry of this Court on 12/09/2023 and on all such subsequent dates as may be fixed by the

Registry of this Court in this regard.

List for final hearing in due course.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Divyansh

DIVYANSH Digitally signed by DIVYANSH SHUKLA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=3380667de97d13d32c7e38c6cdf101ad505b2b9a1a80f179678aa

SHUKLA 56e1b2c1b5c, postalCode=452001, st=Madhya Pradesh, serialNumber=538643475F0C03D17250F81A88603150703101530C81C7 D5C31D2D096B40693F, cn=DIVYANSH SHUKLA Date: 2023.03.20 18:41:52 +05'30'