(Deleted As Per Hon. Co. Dt. ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 5299 MP

                                                      1                                   CRR No.425/2022



           High Court of Madhya Pradesh, Jabalpur
                       Bench at Indore
            Criminal Revision No.425/2022
Indore, Dated 11.04.2022
        Shri Harsh Wardhan Sharma, learned counsel for applicant
Bhagirath s/o Totaram Bhil.
        Shri Bhuvan Deshmukh, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Heard on the question of admission.

Criminal revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 is admitted for final hearing.

Also heard on IA No.1965/2022, first application under Section 397 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant.

The present applicant has been convicted and sentenced by learned Judicial Magistrate First Class, Bhikangaon, District West Nimar (MP) in Criminal Case No.765/2007 vide judgment dated 29th December, 2016, as under: -

                 Conviction                               Sentence
       Section            Act     RI        Fine           Imprisonment in lieu of fine
                                           amount
         148              IPC      -       Rs.200/-                  15 days
     323 r/w 149          IPC    1 year    Rs.400/-                  1 month
    (one 4 counts)
         365              IPC   2 years    Rs.100/-                  10 days
         342              IPC   3 months   Rs.500/-                  2 months

The aforesaid judgment of conviction has been modified by learned Additional Sessions Judge, Bhikangaon District Mandleshwar (MP) in Criminal Appeals No.22 and 234 of 2017 vide judgment dated 17.01.2022 while sentencing the applicant (s), as under: -

                 Conviction                                Sentence
       Section            Act     RI        Fine               Imprisonment in lieu of fine
                                           amount
         148              IPC      -       Rs.200/-                      15 days
     323 r/w 149          IPC    1 year    Rs.200/-                     1 month
    (one 2 counts)
         342              IPC   3 months   Rs.500/-                     2 months

Counsel for the applicant has submitted that short sentence of one year has been imposed on the applicant and there are fair chances of success in the revision and there is no possibility of early disposal of this revision in near future and if the sentence is not suspended, then the present revision filed by the applicant (s) may turn infructuous. Under these circumstances and looking to the short sentence imposed on the applicant, counsel for the applicant prays for suspension of jail sentence of the applicant and grant of bail to him.

Counsel for the respondent / State, on the other hand, has opposed the prayer by submitting that no sufficient ground is made out for releasing the applicant on bail. Hence, the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, as also looking to the sentence of one year rigorous imprisonment imposed on the applicant, I am inclined to allow the application for suspension of jail sentence and release him on bail.

Accordingly, without expressing any opinion on merits, IA No.1965/2022, first application for suspension of jail sentence filed on behalf of applicant is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his / her appearance before trial Court on 13.06.2022 and on such other dates as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.04.11 18:08:37 +05'30'