Moolchand vs The State Of Madhya Pradesh
2022 Latest Caselaw 17140 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRR No. 4867 of 2022
                                               (MOOLCHAND Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-12-2022
                                  Shri Mohammad Ikram Ansari - Advocate for applicant.

                                  Shri Sanjay Karanjaywala - GA for State.


                                  Heard on admission.
                                  Admit.
                                  Record of the courts below be requisitioned.

                                  Heard on I.A. No.16365 of 2022, an application u/S.397(1) of the
                           Cr.P.C. for suspension of the jail sentence.
                                  The applicant has filed the present revision against the judgment dated
                           6.12.2022 passed by learned Sessions Judge, Ujjain in Criminal Appeal No.122
                           of 2022 whereby the judgment dated 15.6.2022 passed by Judicial Magistrate,
                           First Class, Ujjain in Cr.Case No.1140 of 2017 has been affirmed and he has
                           been convicted u/s. 354 of the IPC and sentenced him to undergo one year RI
                           and to pay fine of Rs.2,000/- with default stipulation and u/S.457 of the IPC
                           and sentenced to undergo one year RI with fine of Rs.1000/- with default

                           stipulation.
                                  Learned counsel for the applicant submits that the learned lower appellate
                           Court has not properly appreciated the evidence came on record and material
                           omissions and contradictions have been overlooked. Imprisonment for one year
                           is on the higher side and disproportionate to the alleged crime. The revision is
                           likely to take a considerable time for its final hearing and if his custodial
                           sentence is not suspended, the application may be rendered infructuous. He,
                           therefore, prayed that the custodial sentence of the appellant be suspended and
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 30-12-2022
12:10:37
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                           he be released on bail. The applicant was on bail during trial and he is in jail
                           since the date of judgment i.e. 06.12.2022.
                                  On the other hand, the learned Govt. Advocate appearing for              the
                           respondent/State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the applicant.

Accordingly, I.A. No.16365/2022 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the applicant in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of

learned trial Court for his appearance before the trial court, the execution of custodial part of the sentence of the applicant shall remain suspended till final disposal of this revision.

The applicant after being enlarged on bail shall mark his presence before the Trial Court on 13.03.2023 and on all such subsequent dates, which are fixed in this behalf by the trial Court.

All other pending Interlocutory Applications also stand disposed off. C.C. as per rules.

(AMAR NATH (KESHARWANI)) V. JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 30-12-2022 12:10:37