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2022 DIGILAW 1618 (MP)

Mahesh v. State of Madhya Pradesh

2022-12-29

SATYENDRA KUMAR SINGH

body2022
JUDGMENT Satyendra Kumar Singh, J. - Also heard on I.A. No.16990/2022, which is an application filed under Section 389(1) of Cr.P.C. for grant of suspension of jail sentence filed on behalf of the appellant - Mahesh Nagar. 2. Appellant has been convicted under Sections 147/149, 148/149, 435/149 and 333/149 of IPC and sentenced him to undergo 01 years RI with fine of Rs.1,000/-, 01 years RI with fine of Rs.2,000/-, 04 years RI with fine of Rs.50,000/- and 04 years RI with fine of Rs.5,000/- with default stipulation vide judgement dated 29.11.2022 passed by the 2nd Additional Sessions Judge, Sonkachha, District Dewas in S.T. No.31/2017. 3. Learned counsel for the appellant submits that as per prosecution case itself on the date of incident, appellant alongwith other co-accused persons and about 150 people being member of Kisan Andolan, were protesting against the government. Admittedly, assaults were made by the people who were coming from opposite side while appellant was present in front of the complainant and other police officials. He has been implicated only because he was the member of aforesaid unlawful assembly. Injured Mukesh has not identified the appellant. Other prosecution witnesses except police officials have not supported the prosecution case. Appellant was enlarged on bail during trial and did not misuse the liberty granted to him. Co-accused person has been enlarged on bail by this Court. Learned Trial Court has not properly appreciated the evidence placed on record and there is no likelihood of hearing of appeal in near future. 4. Hence, prays that application for suspension of sentence be allowed. 5. Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of remaining jail sentence and submits that appellant alongwith other about 150 people assaulted the police officials and set fire on government vehicles. Offence alleged against the appellant are of serious in nature, therefore, no case is made out for grant of bail. 6. Having considered the rival submissions, material pointed out by counsel for the appellant; specially nature of allegation alleged against him and also considering overall material produced on record, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.16990/2022 is allowed and jail sentence of the appellant shall remain suspended. 7. Hence, without expressing any opinion on merits of the matter I.A.No.16990/2022 is allowed and jail sentence of the appellant shall remain suspended. 7. It is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 30.01.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal. 8. List for final hearing in due course. 9. Certified copy, as per Rules.