Madhya Pradesh High Court
Akash And 2 Ors. vs The State Of Madhya Pradesh on 14 February, 2020
Author: Shailendra Shukla
Bench: Shailendra Shukla
1
THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Cr. A. No.1285 of 2011
(Akash & others vs. State of MP)
Indore, dated : 14.02.2020
Shri K. C. Paliwal, learned counsel for the appellant No.2
Vikas.
Shri D. K. Tiwari, learned counsel for the appellant No.3
Sunil Sirsiya.
Shri N. Wishard, learned Public Prosecutor for the
respondent - State.
Learned counsel appearing on behalf of appellant No.3 submits that appellant No.3 - Sunil Sirsiya had expired and it was observed in the order dated 12.12.2019 that in view of his death, appeal against him stands abated. However, his name has not been scored off from the cause title hence, cause title reflects his name.
Let necessary amendments be carried out for deleting the name of appellant No.3 from the cause title.
Considered I.A. No.10447/2019, which is repeat application filed under Section 389 of Cr.P.C. on behalf of the appellant No.2 - Vikas Maratha S/o Bhagwan Maratha.
The appellant has been convicted and sentenced by the 9 th Additional Sessions Judge, Indore vide its judgement dated 13.10.2011 passed in S. T. No.635/2010 as under :-
S. Conviction Sentence
No. under Section Imprison- Fine Imprison
ment Amount -ment in lieu
of fine
1 324 of IPC 2 years RI Rs.100/- 1 month RI
2
THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Cr. A. No.1285 of 2011 (Akash & others vs. State of MP) Learned counsel for the appellant submit that present appellant had jumped bail in the year 2017.
A report was called for regarding the period he has spent in jail. The report was received which stated that appellant was in jail since 23.04.2019 in respect of another case.
Per contra, learned Public Prosecutor for the State was heard.
Original record was perused.
On due consideration of the aforesaid and after perusal of evidence available on record, without expressing any opinion on the merits of the case, I.A. No.10447/2019, application for suspension of jail sentence is allowed. The substantive jail sentence of the appellant No.2 - Vikas is suspended subject to his depositing the fine amount (if not already paid) and furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty thousand only) with one local surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 27.04.2020 and on all other subsequent dates as may be fixed by the Registry in this behalf.
List for final hearing in due course.
(Shailendra Shukla) Judge gp Digitally signed by Geeta Pramod Date: 2020.02.14 17:36:34 +05'30'