Girish vs The State Of Madhya Pradesh
2022 Latest Caselaw 17141 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRR No. 5010 of 2022
                                                 (GIRISH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-12-2022
                                 Shri Ashish Gupta - 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.16762/2022, first application for suspension of the jail
                           sentence.
                                 The applicant has filed the present revision against the judgment dated
                           08.12.2022 passed by Addl. Judge to the Court of Addl. Sessions Judge,
                           Dharampuri, Distt. Dhar in Cr. Appeal No.22/2019 whereby the judgment dated
                           30.9.2019 passed by Judicial Magistrate, First Class, Dharampuri, Distt. Dhar in
                           Cr. Case No.826/2014 has been maintained            and he has been convicted
                           u/Ss.279, 338, 304-A of IPC and respectively sentenced to undergo
                           imprisonment until the Court rises with fine of Rs.500/-, until the Court rises

                           with fine of Rs.1000/-, two years RI with fine of Rs.500/- with default
                           stipulation and also u/Ss.3/181 an 146/196 of Motor Vehicles Act and
                           sentenced to fine of Rs.300/- 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
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 30-12-2022
12:10:37
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                           sentence is not suspended, the application may be rendered infructuous. He,
                           therefore, prayed that the custodial sentence of the applicant be suspended and
                           he be released on bail.
                                  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.16762/2022 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.

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