Ramesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2003 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                        Cr.R. No.841/2021
             (Ramesh Vs. The State of Madhya Pradesh)
                                                                  -1-
Indore, dated 21/05/2021
      Heard through Video Conferencing.

      Mr. Nilesh Dave, learned counsel for the applicant.

      Mr. Rakesh Singh Bhadouria, learned Panel Lawyer for the
respondent / State.

Heard on I.A. No.5672/2021, an application for suspension of custodial sentence filed by applicant.

The applicant has filed the present revision against judgment dated 09.03.2021 whereby learned Addl. Sessions Judge, Dhar has affirmed the judgment dated 30.01.2021 passed by Chief Judicial Magistrate, Dhar by which he has been convicted u/s. 34(2) of M.P. Excise Act and sentenced to undergo one year RI along with fine of Rs.25,000/- with default clause.

Learned counsel for the the applicant submits that the learned courts below have not properly appreciated the evidence on record and material omissions and contradictions have been overlooked. The revision is likely to take considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of applicant be suspended and he be released on bail.

In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the applicant.

Accordingly, I.A. No.5672/2021 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond in the sum of Rs.30,000/- (Thirty Thousand only) with HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.R. No.841/2021 (Ramesh Vs. The State of Madhya Pradesh)

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 20.01.2022 and on all such subsequent dates, which are fixed in this behalf.

C.C. as per rules.

(VIVEK RUSIA) JUDGE N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.05.22 15:06:34 +05'30'