Madhya Pradesh High Court
Bhanwarlal vs The State Of Madhya Pradesh on 29 November, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 14572 of 2023
(BHANWARLAL Vs THE STATE OF MADHYA PRADESH)
Dated : 29-11-2023
Shri Rajesh Yadav - Advocate for appellant Bhanwarlal S/o Mangilal.
Heard on the question of admission.
Let notice be issued to the respondent on payment of Process Fee (P.F.)
within a period of seven working days. Notice be made returnable within four
weeks.
Also heard on I.A. No.17551 of 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 appellant - Bhanwarlal S/o
Mangilal.
Vide judgment and order dated 30.09.2023 passed by learned Special
Judge (under P.C. Act), Indore, District Indore (M.P.) in Sessions Trial No.01
of 2006, the present appellant has been convicted for offence under Section 420
read with Section 120-B and Section 406 of Indian Penal Code, 1908 and has
been sentenced to undergo rigorous imprisonment for three years (with fine of
Rs.1,000/-) and two years (with fine of Rs.1,000/-) respectively along with
default stipulation.
Learned counsel for the appellant submits that the appellant has been
falsely implicated in this case. Learned trial Court has not properly appreciated
the evidence came on record and material omissions and contradictions have
been overlooked. Learned trial Court has already suspended the jail sentence of
the appellant up to 30.11.2023. The appellant has fair chance to succeed in this
appeal and if the jail sentence is not suspended, the application may be rendered
infructuous. Learned counsel also submits that jail sentence of co-accused
persons - Mayaram S/o Bheru Singh Panwar, Shivcharan S/o Brijlal Solanki,
Jagdish Mori S/o Kashiram Patel, Satishchandra S/o Khanderaol Dubey, Sushri
Usha d/o Govardhan Agrawal, Prakash S/o Kesarsingh Mandloi, Vijay Kumar
S/o Bherulal Joshi and Mukesh Singh S/o Jangal Singh (appellants in Criminal
Appeal No.13045 of 2023) has already been suspended by this Court vide
order dated 19.10.2023 and the case of the present appellant is identical to
them. He, therefore, prays for grant of suspension and to release appellant on
bail.
In view of the aforesaid facts and circumstances of the case, I find it is to
be a fit case to suspend the custodial sentence of the appellant.
Accordingly, I.A. No.17551 of 2023 is allowed and it is directed that
subject to deposit of fine amount, if already not deposited, with the trial Court
and on furnishing personal bond by the appellant in the sum of Rs.30,000/-
(Thirty Thousand only) with one solvent surety in the like amount to the
satisfaction of learned trial Court for his appearance before the Registry of this
Court, the execution of custodial part of the sentence of the appellant shall
remain suspended till final disposal of this appeal. The appellant, after being
enlarged on bail, shall mark his presence before the Registry of this Court on
20.12.2023 and on all such subsequent dates, which are fixed in this behalf.
Record of court below be requisitioned (if not already received) and list
thereafter for admission.
Certified Copy, as per rules.
(VIVEK RUSIA)
JUDGE
rcp
