Yogesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6853 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                        Cr.R. No.2514/2021
             (Yogesh Vs. The State of Madhya Pradesh)
                                  -1-
Indore, dated 26/10/2021
      Shri Ramesh Sonvane, learned counsel for the applicant.

      Smt. Bharti Lakkad, learned Government Advocate for the
respondent / State.

Heard on I.A. No.27161/2021, an application for suspension of custodial sentence filed by the applicant.

The applicant has filed present revision against judgment dated 30.09.2021 passed in Cr.A. No.12/2021 whereby learned Sessions Judge, Dhar has affirmed the judgment dated 04.03.2021 passed by Judicial Magistrate First Class, Dhar passed in R.C.T. No.2728/2015 by which he has been convicted under Section 325 of IPC and sentenced to undergo six months' RI along with fine of Rs.5000/-.

Learned counsel for the the applicant submits that the applicant has been falsely implicated in this crime and there are so many material contradictions and omissions in the statements of the prosecution witnesses and material witnesses. 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 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 final HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.R. No.2514/2021 (Yogesh Vs. The State of Madhya Pradesh)

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.27161/2021 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 18.01.2022 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: 2021.10.27 11:57:44 +05'30'