Preetpal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1948 MP

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                                                       The High Court Of Madhya Pradesh
                                                                CRR No. 3421 of 2021
                                                                 (PREETPAL SINGH Vs THE STATE OF MADHYA PRADESH)

                                            Indore, Dated : 11-02-2022
                                                   Heard through Video Conferencing.

                                                   Shri Lokendra Joshi, learned counsel for the Petitioner.
                                                   Shri Vismit Panot, P.L. for respondent / State.

Heard on I.A.No.819 of 2022, which is an application for suspension of jail sentence of the petitioner who has been convicted for commission of offence punishable under Section 279 of IPC, a fine of Rs.500/- has been imposed, u/S.

337 of IPC, a fine of Rs.1200/- has been imposed and u/S. 304-A of IPC, has been sentenced to undergo 1 year RI with fine of Rs.1000/- with default stipulation on each count vide judgment dated 25.11.2021, passed in Cri.Appeal No.189 of 2016 by ASJ, Bhikangaon, district Mandleshwar.

As per prosecution story, on 20.8.2006, the petitioner was alleged to have driven a passenger bus. While overtaking a tractor, the petitioner applied break of the bus because of which the bus overturned.

Learned counsel for the petitioner submits that the petitioner is 70 years old. Only one year sentence has been awarded. He has been in jail for more than one

month. Ayush (PW.3) and Kavita (PW.4) have stated that the petitioner was not driving the vehicle. With the aforesaid, it is prayed that application for suspension of a jail sentence of the petitioner be allowed.

Per contra, learned Panel Lawyer for the State opposes the prayer and prays for its rejection.

Looking to the short sentence awarded to the petitioner as well as other facts and circumstances of the case, I.A.No.819 of 2022 is allowed and it is directed that upon depositing the fine amount and on furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court, the substantive jail of the appellant shall remain suspended till the final disposal of the revision and he shall be released on bail, for his regular appearance Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV before the concerned trial Court on 7.3.2022 and all other subsequent dates, as SUKHDEVE Date: 2022.02.11

may be fixed in this behalf by the said court.

18:16:26 IST

List for final hearing in due course.

C.c. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

SS/-

Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2022.02.11
                       18:16:26 IST