Mukesh And Others vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Heard on admission.

Record of the trial Court be summoned.

Also heard on IA No.6460/2024 which is first application under Section 389 of Cr.P.C. for suspension of jail sentence of appellant No.1 Mukesh Jain, appellant No.2 Rajesh Jain and appellant No.3 Mamta Jain.

The appellants have been convicted under Section 420, 471 and 120-B of IPC and sentenced to undergo RI for 2 years, 3 years, 2 years respectively and fine of Rs.1000, 2000/- & 1000/- respectively with default stipulation.

Learned counsel for the appellants submits that the jail sentence of the appellants have been already suspended by the trial Court. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned counsel for the State opposes the prayer and prays for its rejection.

On due consideration of the submissions made on behalf of the appellants and looking to the fact that the jail sentence of the appellants has already been suspended by the trial Court and the final hearing of the appeal may take time, it would be appropriate to suspend the jail sentence of the appellants. Accordingly, the IA is allowed.

The  appellant No.1 Mukesh Jain, appellant No.2 Rajesh Jain and appellant No.3 Mamta Jain be enlarged on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with separate solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 22.07.2024 and thereafter, on such other subsequent dates as may be fixed in that behalf.

With the aforesaid, I.A No.6460/2024 stands disposed off.