Amjad @ Bhayyu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6398 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                  CRR No. 290 of 2022
                                                       (AMJAD @ BHAYYU Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 28-04-2022
                                         Shri Tushar Bhedasgaonkar, learned counsel for the petitioner .

                                         Shri Kamal Kumar Tiwari, Govt. Advocate for the respondent/state.

Heard on the question of admission.

Record perused.

The revision is admitted for final hearing. List for final hearing in due course.

Heard on I.A. No.2641/2022, application under Section 397 (II) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant.

The applicant has filed this revision against judgment dated 06.01.2022 passed by 6th Additional Sessions Judge, Ratlam in Cr.A. No. 18/2021 whereby learned appellate Court has dismissed the appeal filed by the applicant and affirmed the judgment passed by Judicial Magistrate First Class, Ratlam in Case No. 3954/2015 dated 25.02.2021 convicting the applicant u/S 354 , 354A and 323 of IPC and sentencing him to undergo 1 year R.I. with fine of Rs. 250/-, 1 year

R.I. with fine of Rs. 250/- and fine of Rs. 250/- with default stipulation.

Learned counsel for the applicant has drawn the attention of this Court to para 5 and 6 of the cross-examination of PW-1 to establish that because of previous enmity, applicant has been falsely implicated at the instance of husband of PW-1. He further submits that trial court as well as the appellate court have committed error in appreciating the evidence. It is further submitted that there are fair chances of success in the revision and if the sentence is not suspended, the present revision filed by the applicant may turn infructuous. In such circumstances, the application filed by the applicant be allowed.

Learned Govt. Advocate for the respondent/State opposes the application. Accordingly, without expressing any opinion on merits of the case, I.A. Signature Not Verified SAN No.2641/2022 is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended till final disposal of the revision, Digitally signed by SEHAR HASEEN Date: 2022.04.29 15:59:44 IST

subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before trial Court on 22.07.2022 and on such other dates as may be fixed by the concerned

Court in this regard.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.04.29 15:59:44 IST