Devkaran vs The State Of Madhya Pradesh
2022 Latest Caselaw 8366 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT INDORE
                                                                   CRR No. 2151 of 2022
                                                            (DEVKARAN Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 23-06-2022
                                             Shri Ashish Gupta, learned counsel for the applicant.

                                             Ms. Bharti Lakkad, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.8404/2022, an application for suspension of jail sentence of the applicant who has been convicted by the Second Additional Sessions Judge, Sonkaccha, District Dewas vide judgment 11.06.2022, maintaining the order of JMFC Sonkaccha, District Dewas for commission of

the offence punishable under Sections 457 and 380 of IPC and sentenced him to undergo 1 year of RI with fine of Rs.500/- and 1 year RI with fine of Rs.500/-, with default stipulation.

Learned counsel for the applicant submits that the learned trial court as well as first appellate Court has committed error in holding the applicant guilty for the offences punishable under Sections 457 and 380 of IPC of the IPC. The applicant is in jail since date of his arrest and there is no likelihood of final conclusion of this revision/petition in near future. It is further submitted that short sentence has been awarded to the applicant. Hence, it is prayed that

application for suspension of jail sentence filed on behalf of the applicant be allowed.

Per contra, learned Public Prosecutor for State has opposed the prayer and prays for dismissal of the application for suspension of jail sentence.

Having considering the rival submissions, period of custody already Signature Not Verified SAN suffered, the material produced on record, so also the fact that there is no Digitally signed by AJIT KAMALASANAN Date: 2022.06.23 18:30:56 IST likelihood of conclusion of final hearing of this revision in near future and the

fact that only short sentence has been awarded by the court below, without commenting on merits of the case application for suspension of jail sentence of the applicant is allowed.

It is directed that jail sentence of the applicant- Devkaran shall remain suspended subject to his 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 appear before the Registry of this Court on 12.09.2022 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the I.A. No.8404/2022 stands disposed of. Let the record of the court below be requisitioned and list thereafter. C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

ajit

Signature Not Verified SAN

Digitally signed by AJIT KAMALASANAN Date: 2022.06.23 18:30:56 IST