Shankarlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5458 MP

        IN THE HIGH COURT OF MADHYA PRADESH
                             AT INDORE
                               BEFORE
                HON'BLE SHRI JUSTICE VIVEK RUSIA

                     ON THE 13th OF APRIL, 2022

             CRIMINAL REVISION No. 1320 of 2022

             (SHANKARLAL VS. STATE OF M.P.)
                            ORDER

Shri Ritu Raj Bhatnagar, learned counsel for the applicant. Shri Kamal Kumar Tiwari, learned counsel for the respondent/State.

****** Heard on I.A. No.5116/2022, which is application under Section 397(1) of Cr.P.C. for suspension of remaining jail sentence of applicant.

Vide judgment dated 26.02.2018, Judicial Magistrate First Class, Javra, District Ratlam has acquitted the applicant for the offence punishable under Section 354-A and 506-2 of I.P.C. Against which, the State has preferred Criminal Revision before the Appellate Court. Vide judgment dated 09.03.2022, the Appellate Court has convicted the applicant for the offence punishable under Section 354- A of I.P.C. and sentenced him to undergo 1 year R.I. with fine of Rs. 1000/- with default stipulation.

Learned counsel for the applicant submits that the jail sentence of the applicant has been suspended by the trial court itself till 25.04.2022. The learned Appellate Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for 1 years is on the higher side and disproportionate to the alleged crime. He, therefore, prayed that the custodial sentence of the applicant be suspended.

Learned counsel for the respondent opposes the application, 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 learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the applicant deserves to be allowed.

Accordingly, I.A. No.5116/2022, is allowed subject to deposit fine amount and on furnishing personal bond by the applicant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this revision.

The applicant after being enlarged on bail, shall mark his presence before the concerned court on 12.12.2022 and on all such subsequent dates, which are fixed in this regard by the Court concerned.

Let record of the Courts below be called for.

(VIVEK RUSIA) JUDGE praveen/-

Digitally signed by PRAVEEN NAYAK Date: 2022.04.13 19:11:36 +05'30'