Ashok vs The State Of Madhya Pradesh
2022 Latest Caselaw 17113 MP

                                                        1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                 CRR No. 4336 of 2022
                                           (ASHOK Vs THE STATE OF MADHYA PRADESH)

                      Dated : 22-12-2022
                            Shri Siddharth Datt - Advocate for the applicant.

                            Shri Akshay Namdeo - Government Advocate for the respondent/State.

The revision is formally admitted for hearing. Record of court below is not received.

Heard on I.A.No.21366/2022, an application for suspension of

sentence and grant of bail to the applicant - Ashok.

This revision has been preferred by the applicant against judgment

dated 04.11.2022 passed by 1 st A.S.J. Harda, M.P. in Criminal Appeal No.37/2021, whereby the learned Appellate Court has affirmed the judgment and conviction order dated 17.11.2021 passed in R.C.T. No.1301954/2013 passed by JMFC Harda, M.P. The applicant has been convicted for commission of an offences punishable under Section 34(2) of M.P. Excise Act and has been sentenced to undergo R.I. for 1 year and fine

of Rs.25,000/- with default stipulation.

Learned counsel for the applicant submits that accused/applicant has not committed any offence. He has falsely been implicated in the case. He was in custody from 21.10.2013 to 22.01.2013. Thereafter, he is also in custody since 04.11.2022. Final hearing of this revision will take time. If the applicant is not released on bail, the purpose of filing this revision will Signature SAN Not Verified be frustrated. Therefore, the revision filed on behalf of the applicant may Digitally signed by KAFEEL AHMED ANSARI be allowed and the period of his remaining jail sentence may be suspended Date: 2022.12.22 18:31:40 IST

and he may be released on bail.

Learned Govt. Advocate for the respondent has opposed the prayer. Considering the short sentence awarded by the trial Court, looking to the facts and circumstances of the case, without expressing any opinion on the merits of the matter, application is allowed and it is directed that, execution of remaining jail sentence of the applicant is hereby suspended during the pendency of this appeal.

It is directed that applicant be released on bail subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty

Five Thousand only), along with one solvent surety of like amount to the satisfaction of the trial Court. The applicant shall appear and mark his presence before the concerned trial court on 13.03.2023 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) V. JUDGE

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