Akhilesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5847 MP

             1                                 Cr.R. 1444-2022

           IN THE HIGH COURT OF MADHYA PRADESH
                                AT INDORE
                           Cr.R. No. 1444 of 2022
                   ( Akhilesh Vs. State of Madhya Pradesh )

Dated: 21.04.2022:-
      Shri Yogesh Gupta, learned counsel for the petitioner.
      Shri Koustubh Pathak, learned Govt. Advocate for the
respondent/State.

Heard on the question of admission.

Let the record of the lower court be requisitioned. Also heard on I.A.No.5535/2022, which is the first application filed under Section 397 of the Cr.P.C. for suspension of jail sentence of the sole petitioner.

The petitioner has been convicted by the Additional Sessions Judge, Indore (M.P.) vide judgment dated 12.04.2022 passed in Cr.A.No.922/2016 and sentenced him as under:-

    Conviction                             Sentence
Section      Act      Imprisonment           Fine        Imprisonment
                                                         in lieu of fine
  467        IPC        3 years R.I.     Rs.1,000/-       1 month R.I.
  468        IPC        3 years R.I.     Rs.1,000/-       1 month R.I.

Counsel for the petitioner has submitted that the petitioner was on bail during the course of the trial and he has not misused the liberty so granted to him and there is no possibility of the early hearing of this criminal revision before this Court. Thus, it is 2 Cr.R. 1444-2022

prayed that, custodial sentence of the petitioner be suspended during the pendency of this criminal revision.

Counsel for the respondent/State has opposed the prayer and prayed for its rejection.

Considering the rival contentions of the parties, without commenting on the merits of the case, as there is no possibility of early hearing of this criminal revision before this Court, I.A. No.5535/2022 is allowed and it is directed that, on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) by the petitioner with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the Registry of this Court firstly on 30/07/2022 and on such subsequent dates as may be fixed by the Registry for the same purpose in future, the petitioners' jail sentence be suspended and they be released on bail.

Certified copy as per rules.

(Subodh Abhyankar) JUDGE moni Digitally signed by MONI RAJU Date: 2022.04.21 16:32:18 +05'30'