Shivlal @ Shivsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5739 MP

                                                                             1
                                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                                     AT INDORE
                                                                      CRR No. 294 of 2022
                                                         (SHIVLAL @ SHIVSINGH Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 20-04-2022
                                              Shri Manish Kumar Vijaywargiya, learned counsel for the petitioner.

                                              Shri Sudhanshu Vyas, Panel Lawyer for respondent/State.

Shri Shubham Dholpure, learned counsel appearing on behalf of Shri Akhilesh Kumar Saxena, learned counsel for objector.

Heard on the question of admission.

Admit.

Also heard on I.A.No.1318 of 2022, an application for suspension of jail sentence of the petitioner who has been convicted by the First ASJ, Biora, District Rajgarh vide judgment dated 27.12.2021, for commission of offence punishable under Section 304-A of IPC and sentenced him to undergo 2 years RI with fine of Rs.2000/-. In default of payment of fine 1 month's additional RI.

As per prosecution story, on 24.10.2013 at 12.30 PM, when petitioner illegally running the water motor by spreading the wires from the agriculture field of the complainant, the complainant's son Ishwar when touched the barbed wire, died due to electric shock.

Learned counsel for the petitioner submits that petitioner is in jail since 18.01.2022 and short sentence has been awarded to the petitioner hence, prays that application for suspension of jail sentence be allowed.

Learned Panel Lawyer for the State opposed the prayer and prays for its rejection.

On due consideration of the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A.No.1318/2022, is allowed and is it directed that upon petitioner's depositing the fine amount (if not already paid) and on furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court, the substantive jail sentence of the petitioner shall remain suspended till the final disposal of the Signature Not Verified SAN revision and he be released on bail for his appearance before the Registry of this Court on 30.06.2022 and all other subsequent dates, as may be fixed in this behalf Digitally signed by SHAILESH MAHADEV SUKHDEVE Date: 2022.04.20 19:45:32 IST

by the Office.

List for final hearing in due course.

C.c. as per rules.

(VIVEK RUSIA) JUDGE

SS/-

Signature Not Verified SAN

Digitally signed by SHAILESH MAHADEV SUKHDEVE Date: 2022.04.20 19:45:32 IST