Mahendra vs The State Of Madhya Pradesh
2024 Latest Caselaw 16041 MP

Madhya Pradesh High Court

Mahendra vs The State Of Madhya Pradesh on 29 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                         CRA No. 5610 of 2024
                                            (MAHENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-05-2024
                                 Shri Anil Kumar Tiwari - Advocate for the appellants.

                                 Shri Dilip Shrivastava - Government Advocate for the respondent/State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.11635/2024 , which is first application under

Section 397(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellants.

The appellants have been convicted for the offence punishable under Section 354 of IPC and sentenced to undergo R.I. for 1-1 years (each) with fine of Rs.5,000/- (each), with default stipulations.

Learned counsel for the appellants submits that the maximum jail sentence of appellants is of 01 year and 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 of sentence may be considered.

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

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

Having heard the arguments and 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 with one solvent surety each 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 30.08.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of.

List this criminal appeal for final hearing in due course.

(ANURADHA SHUKLA) JUDGE sjk