Ramniwas vs The State Of Madhya Pradesh
2022 Latest Caselaw 1787 MP

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               The High Court Of Madhya Pradesh
                           CRR No. 369 of 2022
                    (RAMNIWAS Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 08-02-2022

Heard through Video Conferencing.

      Shri R.K. Sharma, learned senior counsel alongwith Shri Mahendra

Kumar Chaudhary, learned counsel for the applicant.

      Shri Rajesh Kumar Shukla, learned Deputy Advocate General for the

respondent-State.

Revision being arguable is admitted.

Heard on IA. No.1870/2022, an application u/Sec.397(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of applicant is

taken up and considered.

This criminal revision assails the judgment dated 25/01/2022 passed

in Criminal Appeal No.35/2022 by Additional Sessions Judge, Pichhore,

District Shivpuri (M.P.), whereby the judgment of conviction and order of

sentence dated 13/01/2022 passed in Criminal Case No. 300490/2015 by

Judicial Magistrate First Class, Pichhore District Shivpuri (M.P.) has been

confirmed by which applicant has been convicted and sentenced as under:-

          Section             Imprisonment                  Fine
    456 IPC                One Year's R.I.       Rs.500/- with default
                                                 stipulation
    354 IPC                One Year's R.I.       Rs. 1000/- with default
                                                 stipulation

Learned senior counsel for the applicant submits that compromise has

been taken place between the parties and he is in custody for more than one

month. The prosecution story is quite improbable. Applicant has been

falsely implicated in the case due to previous animosity between the parties.

Disposal of revision shall take considerable time. Applicant has no

criminal antecedents, therefore, the application for suspension of sentence

deserves to be allowed.

Per contra, learned Dy. Advocate General for the respondent/State

opposed the prayer and prayed for dismissal of this application.

Keeping in view the facts and circumstances of the case,

particularly, applicant has remained custody for more than one month

and disposal of revision shall take considerable time, without expressing

any opinion on merits, the application for suspension of sentence is

allowed.

It is directed that jail sentence of applicant will remain under

suspension subject to depositing fine amount and on his furnishing

personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two

solvent sureties of the like amount to the satisfaction of the concerned

trial Court, for his appearance before Office of this Court on 04/04/2022

and thereafter on all subsequent dates as may be fixed by the office.

Certified copy as per rules.

(Satish Kumar Sharma) Judge Prachi PRACHI MISHRA 2022.02.08 16:37:56 +05'30'