Ganesh Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 7745 MP

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                                                                                                     CRR No.-1619-2022

                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR

                                                            Criminal Revision No.1619/2022
                                                       (Ganesh Sharma vs. State of Madhya Pradesh)

                                        Dated : 14-06-2022
                                             Shri Subodh Kumar Pandey with Ms. Premlata Lokhande, counsel
                                        for the petitioner.
                                              Shri Satyapal Chadar, Public Prosecutor for the respondent-State.

Heard on admission.

Revision appears to be arguable, therefore, admitted for hearing. Also heard on I.A. No.7457/2022 which is an application under Section 397(1) of Cr.P.C .for suspension of sentence of the petitioner.

2. By way of present revision under Section 397/401 of Cr.P.C., the petitioner has challenged the judgment and order dated 23.04.2022 passed in Criminal Appeal No.40/2022 by the Ist Additional Sessions Judge, Ashta, Sehore, District-Sehore (M.P.) whereby the judgment dated 20.01.2022 passed in RCT No.701207/2016 by the Judicial Magistrate First Class, Ashta, Sehore, District-Sehore has been upheld. Vide said judgment, the petitioner stands convicted for offence punishable under Section 304 (2 counts) of IPC and has been sentenced to undergo R.I. for 2 years with fine of Rs.5,000/- (on each count) with default stipulations.

3. It is argued by the counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He is permanent resident of the District Bhopal. There is no possibility of his absconding. The revision would take time to be heard finally. He is ready to furnish adequate surety and to abide by all the terms and conditions as may be imposed by the Court, therefore, custodial sentence of the petitioner be Signature Not Verified SAN suspended.

Digitally signed by ASHISH KUMAR JAIN Date: 2022.06.14 18:24:05 IST

CRR No.-1619-2022

4. Learned Public Prosecutor for the State has opposed the prayer.

5. Heard the submissions of learned counsel for the parties.

6. The petitioner has been convicted under Section 304 (2 counts) of IPC for causing death of two persons by negligent driving of a bus. Eye- witness Praveen Kumar (P.W.-4) has stated that at the time of incident, the petitioner was driving the bus, but looking to his cross-examination recorded in paragraphs 4 and 5, a case for granting suspension is made out, therefore, without discussing the merits in detail, I.A. No.7457/2022 is allowed.

7. It is directed that on deposit of entire fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.30,000/- (Rs. Thirty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for appearance of the petitioner before the trial Court on 12.12.2022 and on subsequent dates as may be fixed by the trial Court, the execution of substantial jail sentence imposed on petitioner namely Ganesh Sharma shall remain suspended, till final disposal of this revision.

8. In the event of non-appearance of the petitioner, the trial Court shall be at liberty to take coercive steps against him to secure his presence under the intimation of this Court.

9. Let the revision be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE

@shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.06.14 18:24:05 IST