Jaswant vs The State Of Madhya Pradesh
2022 Latest Caselaw 823 MP

Criminal Revision No.199/2022                                           1




The High Court of Madhya Pradesh : Bench At Indore

 BEFORE SINGLE BENCH : HON'BLE MR. JUSTICE VIVEK RUSIA
                   Criminal Revision No.199/2022
          Jaswant S/o Gangaram v/s The State of Madhya Pradesh
Indore, dated 18.01.2022
        Shri Ashish Joshi, learned counsel for the applicant.
        Ms. Geetanjali Chourasia, learned Panel Lawyer for the
respondent / State.

Also heard on I.A. No.738/2022, which is first application under Section 397(2) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of applicant - Jaswant S/o Gangaram.

The present applicant has been convicted for the offences punishable under Section 324 of the Indian Penal Code and sentenced to undergo six years' rigorous imprisonment along with fine of Rs.500/-. With default clause to further under go one month's additional imprisonment.

Learned counsel for the the applicant submits that the learned Courts below have not properly appreciated the evidence on record and material omissions and contradictions have been overlooked. The revision is likely to take considerable time for its final hearing and if his custodial sentence is not suspended, the revision may be rendered infructuous. He, therefore, prayed that the custodial sentence of applicant be suspended and he be released on bail.

Learned Panel Lawyer for the respondent / State opposes the application and supported the impugned judgment.

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.738/2022 stands allowed.

It is directed that on furnishing personal bond by the

applicant in the sum of Rs.40,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of learned trial Court, the execution of custodial part of the sentence of the applicant shall remain suspended till the final disposal of this revision. The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 28.09.2022 and on all such subsequent dates, which are fixed in this behalf.

Let the record of Courts below be requisitioned. I.A. No.686/2022 also stands disposed of. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2022.01.19 17:41:57 +05'30'