Neeraj vs The State Of Madhya Pradesh
2022 Latest Caselaw 8273 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRR No. 2183 of 2022
                       (NEERAJ Vs THE STATE OF MADHYA PRADESH)

Dated : 22-06-2022
      Shri O.P. Mathur - Advocate for the petitioner.

      Shri Ramadhar Choubey - Public Prosecutor for the respondent/State.

The revision being arguable is admitted for final hearing. Also, heard on I.A.No.9651/2022, an application for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated

14/06/2022 passed by Additional Sessions Judge Pichhore, Distt. Shivpuri (M.P.) i n Criminal Appeal No.200/2017 partially affirming the judgment of conviction and sentence dated 22/04/2017 passed by Judicial Magistrate First Class, Pichhore District Shivpuri (M.P.) in Criminal Case No.375/2013 (RCT/300375/2013), by which petitioner has been convicted under Section 337 of IPC & Section 304-A of IPC and has been sentenced to undergo rigorous imprisonment of one month & six months respectively with default stipulation.

It is submitted by learned counsel for the petitioner- Neeraj that the petitioner have been wrongly convicted by the appellate Court as well as by the

trial Court. It is further submitted that the petitioner is in custody and fine amount has already been deposited by the petitioner. It is also submitted that the petitioner is ready to abide by any condition which may be imposed by this Court. Final disposal of this revision will take sufficiently long time. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of sentence awarded.

Learned State counsel has vehemently opposed the submissions and

prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the materials available on record.

Looking to the short period of jail sentence awarded, without commenting on merits of the case, the application (I.A. No. 9651/2022) is allowed and the remaining jail sentence of the petitioner - Neeraj is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is

further directed to mark his appearance before the Office of this Court first on 25/07/2022 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

List the case for final hearing in due course.

Let record of the Courts below be also requisitioned, if not already called and a copy of this order be sent to the Court below concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.06.22 18:08:25 +05'30'