Bhagirath @ Ajay vs The State Of Madhya Pradesh
2022 Latest Caselaw 17025 MP

Citation : 2022 Latest Caselaw 17025 MP
Judgement Date : 21 December, 2022

Madhya Pradesh High Court

Bhagirath @ Ajay vs The State Of Madhya Pradesh on 21 December, 2022

Author: Anjuli Palo

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3422 of 2022 (BHAGIRATH @ AJAY Vs THE STATE OF MADHYA PRADESH)

Dated : 21-12-2022 Shri Anil Kumar Tiwari - Advocate for applicant.

Ms. Mamta Mishra - Panel Lawyer for State. Shri Brijesh Kumar Mishra - Advocate for complainant/objector.

Heard on I.A.No.22514/2022, which is second application filed on behalf of the applicant for suspension of sentence and grant of bail. His earlier

application was dismissed on merits vide order dated 23.09.2022.

The applicant has been convicted by the trial Court under Section 379 of IPC and sentenced to undergo R.I. for 01 year.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is further contended that the parties have entered into compromise and they have settled their dispute amicably. It is further submitted that prosecution witnesses have not supported the case of the prosecution and turned hostile. Fine amount has already been deposited by him in the trial Court. The applicant is in custody since the date of judgment i.e. 02.09.2022. Disposal

of this revision would take considerable time to conclude. Therefore, prayer is made to release the applicant on bail.

Learned Panel Lawyer for the State has opposed the prayer. Learned counsel for the complainant is also present before this Court and he has no objection, if the applicant be released on bail but several cases have

Signature Not Verified been registered against the applicant under the same kind of offence. SAN

Digitally signed by NITESH PANDEY I have heard learned counsel for the parties and perused the record. Date: 2022.12.22 11:23:49 IST

Although affidavit of the complainant has been filed in support of the

application, but looking to the aforesaid facts and circumstances of the case and taking into account that previously so many cases have been registered against the applicant, I do not find it to be a fit case to release him on bail.

Accordingly, the I.A.No.22514/2022 is hereby dismissed. List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.12.22 11:23:49 IST