Shahrukh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16225 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRR No. 4511 of 2022
                                          (SHAHRUKH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 07-12-2022
                                Shri Amit Vyas, learned counsel for the petitioner.

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

Heard on I.A.No.15254/2022, an application for suspension of jail sentence of the petitioner - Shahrukh.

Petitioner has been convicted u/S 323 and 354 of IPC and sentenced

to suffer R.I. for 01 year with fine of Rs. 200/- and further sentenced to suffer 03 months RI with fine of Rs. 200/- by the Additional Sessions Judge, District Mandleshwar vide judgment 29.09.2022 passed in Cr.A. No. 66/2017, modifying the judgment passed by JMFC Bhikangaon District Mandleshwar in Cr.Case No. 340/2016 by which petitioner has been convicted u/S 323, 354 and 506-B of IPC.

Learned counsel for the petitioner submits that petitioner has suffered about 01 month of jail incarceration till now out of total sentence awarded of 01 year. He further submits that the learned trial court as well as first appellate

Court have committed error in holding the petitioner 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 petitioner. Hence, it is prayed that application for suspension of jail sentence filed on behalf of the petitioner 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 Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/8/2022 10:54:37 AM

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 court below, without commenting on merits of the case application for suspension of jail sentence of the petitioner is allowed.

It is directed that jail sentence of the petitioner shall remain suspended subject to his deposit of fine amount, if not already deposited, and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court. The petitioner is 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. No15254/2022 stands disposed of. Let record of Courts below be requisitioned. List for admission after receipt of record. C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

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Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/8/2022 10:54:37 AM