Govind vs The State Of Madhya Pradesh
2022 Latest Caselaw 16219 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                            CRR No. 4642 of 2022
                 (GOVIND AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 07-12-2022
      Shri Ashutosh Sharma, learned counsel for the petitioners.

      Shr Rajesh Joshi, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.15663/2022, an application for suspension of jail sentence of the petitioner - Radheyshyam.

Also heard on I.A.No.15772/2022, an application for suspension of jail sentence of the petitioners - Govind and Dinesh.

Petitioners have been convicted u/S 323/34 and 325/34 of IPC and sentenced to suffer 04 months R.I. with fine of Rs. 500/- each and further sentenced to suffer 01 year RI with fine of Rs. 500/- each with default stipulation by the 2nd Additional Sessions Judge, Kukshi District Dhar vide judgment 25.11.2022 passed in Cr.A. No. 17/2018, confirming the judgment passed by JMFC Kukshi District Dhar in Cr.Case No. 1464/2015 Learned counsel for the petitioners submits that the learned trial court as

well as first appellate Court has committed error in holding the petitioners guilty. There is no likelihood of final conclusion of this revision/petition in near future. It is further submitted that short sentence has been awarded to the petitioners. Hence, it is prayed that application for suspension of jail sentence filed on behalf of the petitioners be allowed.

Per contra, learned counsel for respondent/State has opposed the prayer and prays for dismissal of the application for suspension of jail sentence.

Having considering the rival submissions, the material produced on

record, so also the fact that there is no likelihood of conclusion of final hearing of this revision in near future and the fact that only short sentence has been awarded by the courts below, without commenting on merits of the case application for suspension of jail sentence of the petitioners is allowed.

It is directed that jail sentence of the petitioners shall remain suspended subject to their depositing fine amount, if not already deposited, and they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount each to the satisfaction of the trial Court. The petitioners are directed to appear before the Registry of this Court on 12.01.2023 and on

other subsequent dates as may be fixed in this behalf.

Accordingly, the I.A. No.15663/2022 and I.A. No. 15772/2022 stand disposed of.

Let record of Courts below be requisitioned and list the case for admission after receipt of record.

C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

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SEHAR HASEEN 2022.12.08 16:08:55 +05'30'