Harish vs The State Of Madhya Pradesh
2022 Latest Caselaw 375 MP

1 CRR-1812-2020 The High Court Of Madhya Pradesh CRR No. 1812 of 2020 (HARISH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-01-2022 Mr. Mohd. Mohsin Wali, learned counsel for the appellant.

Ms. Papiya Ghosh, learned P.L. for the State. Heard on the question of admission.

Revision is admitted for final hearing. Heard on I.A. No.23174/2021, which is an application for

suspension of sentence and grant of bail to the applicant - Harish.

The revision has been preferred by the applicant under Section 397(1) of the Cr.P.C. against the impugned judgment dated 05.03.2020 in Cr.A.No.29/2019 passed by Sessions Judge, District Burhanpur (M.P.), arising out of the judgment and findings dated 09.02.2019 passed by JMFC Class-I District Burhanpur (M.P.) in RCT/464/2017, convicting the applicant for the offences punishable under Section 324 of the I.P.C. and sentencing him to undergo R.I. for 6 months with fine of Rs.1000/-, with default stipulation.

Learned counsel for the applicant submits that the applicant is in custody since 15.12.2021. Therefore, prayer has been made to suspend the sentence of the appellant.

On the other hand, learned Panel Lawyer opposed the application and prayed for rejection of the same.

Looking to the overall facts and circumstances of the case and considering the fact that revision will take time for its final disposal, without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicant and grant bail to him.

It is directed that subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicant shall remain 2 CRR-1812-2020 suspended during the pendency of this revision. Applicant - Harish be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

The applicant shall appear and mark his presence before Trial

Court on 28.04.2022 and on subsequent dates as may fixed by the trial Court from time to time till final disposal of the case.

Records of the Courts below be requisitioned. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.10 16:51:24 IST