Mukesh vs State Of Madhya Pradesh
2024 Latest Caselaw 16569 MP

Madhya Pradesh High Court

Mukesh vs State Of Madhya Pradesh on 6 June, 2024

Author: Anil Verma

Bench: Anil Verma

                                                                 1                              CRA-5463-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5463 of 2024
                                              (MUKESH AND OTHERS Vs STATE OF MADHYA PRADESH)

                           Dated : 06-06-2024
                                 Parties through their counsel.

                                 Heard on IA No.9277 of 2024, which is an application for urgent hearing
                           during vacation.
                                 2. Appellants are in jail, therefore, looking to the urgency, IA is allowed
                           and matter is taken up for hearing.
                                 3. Record of the trial Court has been received.

                                 4. Heard on the question of admission.
                                 5. Appeal appears to be arguable, therefore, it is admitted for final
                           hearing.
                                 6. Also heard on IA No.7102 of 2024, which is the first application under
                           Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail
                           sentence on behalf of all the appellants.
                                 7. Appellants have been convicted for the offence under Section 323/34,
                           324/34 and 435/34 of IPC each and have been sentenced till rising of the Court
                           with fine of Rs.500/-, 6 months R.I. With fine of Rs.500/- and 2 years R.I. With

                           fine of Rs.500/- each respectively with usual default stipulation.
                                 8. Learned counsel for the appellants submits that appellants are innocent
                           persons and they have been falsely implicated in this matter. During the trial
                           appellants were on bail and they have not misused the liberty granted to them.
                           Appellants are already suffered jail incarceration since 06.12.2023 that is the
                           date of judgment. As per Para 32 of the judgment, matter has been amicably
                           settled between the parties, but the trial Court has ignored the defect. Looking
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 07-06-2024
17:05:57
                                                                 2                                CRA-5463-2024
                           to old pendency of the cases for consideration, final conclusion of this appeal
                           would take sufficient long time. There is a strong case in favour of the
                           appellants. Hence, the execution of the remaining part of the jail sentence of the
                           appellants be suspended till the final disposal of this appeal.
                                 9. Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection.

10. From perusal of the record of trial Court, it reveals that matter has been amicably settled between complainant Dinesh and Sangeeta and appellants / accused persons; injuries sustained by the victim are simple in nature; appellants were on bail during the trial; there is no complaint that they have

misused the liberty granted to them and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellants.

11. Accordingly, I.A. No.7102 of 2024 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellants in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate sureties in the like amount to the satisfaction of learned trial Court for their appearance before the Registry of this Court on 25/11/2024 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellants shall remain suspended, till final disposal of this appeal.

12. Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA)

3 CRA-5463-2024 V. JUDGE Anushree