Shankarlal vs State Of M.P.
2022 Latest Caselaw 903 MP

Citation : 2022 Latest Caselaw 903 MP
Judgement Date : 19 January, 2022

Madhya Pradesh High Court

Shankarlal vs State Of M.P. on 19 January, 2022

Author: Satyendra Kumar Singh

1                           Cr.A.No.311/2009
                       (Shankarlal Vs. State of M.P.)

Indore : Dated 19.1.2022
      Shri P.K.Gupta, learned counsel for the appellant.
      Shri Gopal Yadav, learned Panel Lawyer for the respondent/State.

Heard through video conferencing.

Heard on I.A.No.29864/2021, an application under Section 389(1) of Cr.P.C.for suspension of sentence filed on behalf of appellant.

The appellant has been convicted under Section 376 of IPC and sentenced to undergo seven years RI with fine of Rs.1,000/- with default stipulation vide judgment of conviction dated 28.2.2009 passed by Addl. Sessions Judge, Rajgarh (Biaora) in S.T.No.119/2007.

Learned counsel for the appellant submits that initially the custodial sentence of the appellant was suspended vide order dated 16.12.2021 applicant submits that applicant is innocent. The Courts below have not properly appreciated the evidence and have wrongly convicted the applicant. During trial, applicant remained on bail and did not misuse the liberty granted to him. Due to Covid-19 pandemic, final hearing of criminal revisions are not taking place. Therefore, prays for suspension of sentence and enlargement of applicant on bail, on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer opposes the prayer for suspension of sentence.

After considering the rival submissions and other facts and circumstances, final conclusion of the revision will take considerable long time, but without commenting on merits of the case application is allowed.

It is directed that jail sentence of the applicant shall remain suspended subject to deposit of fine amount, if not already deposited, and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is directed to

(Shankarlal Vs. State of M.P.)

appear before the Registry of this Court on 27.12.2021 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the IA stands disposed of. Certified copy as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.01.20 09:57:30 +05'30'