Shanu @ Suneel Malvi vs The State Of Madhya Pradesh
2023 Latest Caselaw 17802 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 8798 of 2023
                                     (SHANU @ SUNEEL MALVI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri Ahadullah Usmani - Advocate for appellants.

                                 Shri Sheshmani Mishra - Panel Lawyer for the respondent/State.

Shri Rajesh Kumar Soni - Advocate for objector.

Record of the trial Court has been received. Heard on admission.

This appeal being arguable is admitted for final hearing. Also heard on I.A. No.16435/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail, moved on behalf of appellants.

T he appellants have been convicted for the offence punishable under Section 148 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2,000/-, Section 307/149 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.5,000/- and Section 332/149 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.3,000/- respectively, with default stipulations.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for aforesaid offence. The maximum jail sentence of appellant is ten years. The appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/27/2023 3:53:27 PM

of sentence may be considered.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the judgment and record of the court below.

In the light of compromise arrived at between the parties and also on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each wit h one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 22.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/27/2023 3:53:27 PM