Tejusnigh @ Tejulal vs The State Of Madhya Pradesh
2022 Latest Caselaw 15921 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRR No. 4499 of 2022 (TEJUSNIGH @ TEJULAL Vs THE STATE OF MADHYA PRADESH)

Dated : 01-12-2022 Shri Gajendra Singh Dodia, learned counsel for the applicant.

Shri Kapil Mahant, learned Panel Lawyer for the non-applicant/State. Heard on I.A. No.15210/2022 is an application filed under Section 5 of the Limitation Act for condonation of delay.

Learned counsel for the applicant submits that this criminal revision is delayed by 77 days. He further submits that applicant is in custody since the

date of judgment, therefore, he could not contact his lawyer for filing this revision within limitation period. Therefore, the same may be condoned. Application is duly supported by affidavit of applicant's brother.

Considering the fact that applicant is in custody, therefore, aforesaid application is allowed for the reasons mentioned therein.

Also heard on I.A. No.15209/2022, which is an application filed under Section 397(2) of Cr.P.C. for grant of suspension of jail sentence filed on behalf of the applicant - Teju [email protected]

Applicant has been convicted under Sections 341, 324 and 326 of IPC

and sentenced him to undergo fine of Rs.500/-, 06 months RI with fine of Rs.500/- and 02 years RI with fine of Rs.5,000/- respectively, with default

stipulations vide judgement dated 08.06.2022 passed by the 1st Additional Sessions Judge, Aagar, Distt Shajapur in Criminal Appeal No.100253/2015 affirming the order dated 30.06.2015 passed by the Judicial Magistrate First Class, Aagar, Distt Shajapur in RCT Case No.739/2012.

Learned counsel for the applicant submits that initially injured Ramesh Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/2/2022 11:26:53 AM

Chandra was medically examined by Dr. Sunil and he nowhere stated that the injury found on the body of the injured was serious in nature. Dr. Sunil conducted injurer's CT Scan which has not been examined. Applicant has been convicted for the offence punishable under Section 326 of IPC. Applicant has suffered about 8 months incarceration out of 2 years sentence awarded to him. Conclusion of revision will take time. Hence, prays that application for suspension of sentence be allowed.

Learned Panel Lawyer for the non-applicant/State opposes the prayer for suspension of remaining jail sentence and grant of bail to the applicant.

Having considered the rival submissions, material pointed out by the

learned counsel for the applicant, period of custody already suffered by the applicant and overall material produced on record, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the applicant. Hence, without expressing any opinion on merits of the matter I.A.No.15209/2022 is allowed and jail sentence of the applicant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 04.01.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision.

Let the record of Court below be requisitioned. List after receipt of record.

Certified copy, as per Rules.

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/2/2022 11:26:53 AM

(SATYENDRA KUMAR SINGH) JUDGE SJ

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/2/2022 11:26:53 AM