Madhya Pradesh High Court
Kishan @ Gatti vs The State Of Madhya Pradesh on 3 October, 2019
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THE HIGH COURT OF MADHYA PRADESH:BENCH AT INDORE
Cr.A. No. 4197/2019
(Kishan @ Gatti & Ors. Vs. State of M.P.)
None for the appellants.
Shri Yogesh Kumar Gupta, learned Govt. Advocate for the
respondent/State.
Judgment (Delivered on 03 /10/2019) The appellants have preferred this appeal under Section 374 of the Cr.P.C. against judgment dated 10/04/2019 passed by 8 th Additional Sessions Judge, Indore in S.T. No. 676/2017, whereby the appellants have been convicted for the offence punishable under Sections 341, 324 and 324/34 of the IPC and sentenced to undergo RI of one months, one years and one years and to pay fine of Rs. 500/- and Rs.1,000/- each respectively with default stipulation.
From the perusal of record, it appears that after pronouncement of judgment of conviction by the trial Court, the appellants have moved an application under Section 389(3) of the Cr.P.C. for suspension of their custodial sentence and the same was allowed by the trial Court and their custodial sentence has already been suspended till 09/05/2019. Thereafter, the present appeal alongwith application filed by the appellants under Section 389(1) of the Cr.P.C. for suspension of their custodial sentence came up for hearing before this Court on 19/06/2019, however, till then the period of suspension of sentence granted by the trial Court was over, therefore, this Court directed the appellants to make surrender before the trial Court and submit the certified copy of the concerned order-sheet, thereafter, IA No. 3785/2019 will be considered. But after giving sufficient opportunities, they have not surrendered themselves before the trial Court, hence, present appeal filed by the appellants without surrendering before the trial Court is not maintainable in the light of judgment of passed by this Court in the case of Javahar Rawat v. Sahayak Prabandhak (2012) 2 MPLJ 534. Thus, present appeal stands dismissed as not maintainable.
(S.K. Awasthi)
skt Judge
Santosh Kumar Tiwari
2019.10.03 14:32:47
+05'30'
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