Madhya Pradesh High Court
Mahesh vs The State Of Madhya Pradesh on 6 November, 2020
Author: Vandana Kasrekar
Bench: Vandana Kasrekar
HIGH COURT OF MADHYA PRADESH :INDORE BENCH CRR No.2092/2020 (Mahesh & Ors. Vs. State of M.P.) Indore dated :06.11.2020 Shri Syed Zishan Ali Warsi, learned counsel for the applicants.
Shri Soumil Ekadi, learned Public Prosecutor for the non-applicant/State Heard learned counsel for the parties through video conferencing on the question of admission.
The revision seems to be arguable, therefore, admitted for final hearing.
Record of the Courts below be also called for. Also heard on I.A. No.7038/2020, which is first application for suspension of jail sentence and grant of bail filed on behalf of the applicants No.1- Mahesh, No.2 - Mukesh and No.3 - Nanuram @ Nana.
The applicants have been convicted for offence under Section 341/34 of IPC and sentenced till rising of the Court with fine of Rs.500-500/- and under Section 325/34 of IPC sentence to 2-2 years RI with fine of Rs.1000-1000/-(which is modified in Appeal by Appellate Court to 1-1 Year RI and fine of Rs.5000-5000/-) with default stipulation.
Learned counsel for the applicant submits that the present applicants are innocent and they have been falsely implicated. He submits that the prosecution has failed to prove the occurrence of incident by any independent witnesses and all the witnesses are interested witnesses and no independent witness has supported the prosecution case. He further submits that the order of the lower court is contrary HIGH COURT OF MADHYA PRADESH :INDORE BENCH CRR No.2092/2020 (Mahesh & Ors. Vs. State of M.P.) to law and facts on record and the same is neither legal or proper. He further submits that the applicants are first offendcers and they have been falsely implicated in the alleged offence as can be seen from surrounding circumstances. However, subject to final outcome of this revision, jail sentence of the applicants may be ordered to be suspended.
After having perused the impugned judgment and on consideration of the facts and circumstances of the case, without expressing any opinion on the merits of the case I.A. No.7038/2020 is allowed. The substantive jail sentence of the applicants is suspended subject to their depositing the fine amount and furnishing a personal bond in the 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 for their appearance before the Registry of this Court on 28.01.2021 and, thereafter, on all subsequent dates as may be fixed by the registry in this behalf.
List this matter alongwith Cri. Rev. No.1120/2017, for analogous hearing.
Certified Copy as per rules.
(Ms. Vandana Kasrekar) Judge pn Digitally signed by Preetha Nair Date: 2020.11.06 13:39:29 +05'30'