Hariram vs The State Of Madhya Pradesh
2021 Latest Caselaw 4628 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                      Cr.R. No.1704/2021
            (Hariram Vs. The State of Madhya Pradesh)
                                  -1-
Indore, dated 24/08/2021
      Heard through Video Conferencing.

      Mr. Yogesh Kumar Gupta, learned counsel for the applicant.

      Ms. Geetanjali Chourasiya, learned Panel Lawyer for the
respondent / State.

Heard on I.A. No.19993/2021, an application for suspension of custodial sentence filed by the applicant.

The applicant has filed present revision against judgment dated 07.07.2021 passed in Cr.A. No.235/2016 whereby learned Addl. Sessions Judge and Special Judge (Electricity Act), Indore has affirmed the judgment dated 17.02.2016 passed by Judicial Magistrate First Class, Indore by which he has been convicted under Section 354 (A) of IPC and sentenced to undergo one year RI along with fine of Rs.1000/- and under Section 452 of IPC and sentenced to undergo one year RI along with fine of Rs.500/- with default clause.

Learned counsel for the the applicant submits that applicant has been falsely implicated in this crime and both the learned courts below have committed error in holding that the applicant caught hold hand of the prosecutrix with intent to outrage her modesty and there are so many material contradictions and omissions in the statements of the prosecution witnesses and material witnesses. It has been proved that there was a previous dispute between the prosecutrix and the petitioner, therefore, prosecutrix has lodged false report against the present petitioner. FIR was also delayed and the applicant was on bail during trial and he has not misused the liberty granted to him and final hearing of the revision will take a sufficient long time, under such circumstances, he prays that the custodial sentence of applicant HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.R. No.1704/2021 (Hariram Vs. The State of Madhya Pradesh)

be suspended and he be released on bail.

Per contra, learned government advocate for the respondent/State formally opposes the application and prays for its rejection.

Considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case and also keeping in view the fact that the applicant was on bail during trial and he has not misused the liberty granted to him and also keeping in view the fact that the offence is more than 7 years old and final hearing of the revision will take a sufficient long time, it would be proper to allow the application for suspension of jail sentence.

Accordingly, I.A. No.19993/2021 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the applicant shall remain suspended till the final disposal of this revision. The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 16.11.2021 and on all such subsequent dates, which are fixed in this behalf.

The Revision is admitted for final hearing. List for hearing in due course.

Certified copy as per Rules.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.08.25 19:27:42 +05'30'