Ramesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 10313 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                           CRR No. 2787 of 2022
                     (RAMESH Vs THE STATE OF MADHYA PRADESH)

Dated : 29-07-2022
      Shri Yashraj Gupta, learned counsel for the applicant.

      Shri R.S. Bais, learned Government Advocate for the respondent/State.

Heard on I.A. No.10334/2022, which is an application for exemption from filing of certified copy of the impugned judgment.

Learned counsel for the applicant submits that the office has pointed out default as he has not filed the certified copy of the impugned judgment. He

further submits that certified copy of the impugned order has been filed in connecting Criminal Revision bearing No.2243/2022 (Dubliya Vs. The State of Madhya Pradesh), therefore, default pointed out by the office be ignored.

After due consideration, I.A. No.10335/2022 is allowed and applicant is exempted from filing of the certified copy of the impugned order.

Also heard on I.A. No.10335/2022, which is an application filed under Section 397 of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on behalf of applicant- Ramesh.

Applicant has been convicted under Section 325/34 of IPC and

sentenced him to undergo 06 months RI with fine of Rs.1000/- with default stipulation vide judgement dated 10.05.2022 passed by the Sessions Judge, District Jhabua in Criminal Appeal No. 8/2021 partly allowing the appeal and modifying the judgment and order of sentence dated 25.01.2021 passed by the Judicial Magistrate First Class, Thandla, Distt. Jhabua in Criminal Case No. 598/2015 whereby applicant has been convicted u/S 325 of IPC and sentenced to undergo RI for one year with fine of 1000/-.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the matter. Learned trial Court has not properly appreciated the evidence placed on record and there is no likelihood of hearing of revision in near future. In view of aforesaid, learned counsel for the applicant prays for suspension of remaining jail sentence and grant of the bail to the applicant.

Learned Public Prosecutor for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the applicant.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit

case for suspension of the sentence and grant of bail to the applicant. Hence, without expressing any opinion on merits of the matter I.A.No.10335/2022 is allowed and jail sentence of the applicant shall remain suspended. It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 25.08.2022 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision.

List for admission.

Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

Praveen

Digitally signed by PRAVEEN NAYAK Date: 2022.07.30 10:39:10 +05'30'