Rajesh Thapak vs The State Of Madhya Pradesh
2022 Latest Caselaw 3280 MP

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           The High Court Of Madhya Pradesh
                     WP No. 4066 of 2022
               (RAJESH THAPAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Gwalior, Dated : 08-03-2022
      Shri Anil Mishra, Counsel for the petitioner.

      Shri Neelesh Singh Tomar, Counsel for the respondents/State.

Heard on question of admission and I.A.No.1153/2022, which is an application for suspension of sentence of the petitioner.

Learned Counsel for the petitioner has argued that the judgment passed by the lower appellate Court suffers from patent illegality and is not in consonance

with the evidence adduced by the prosecution. He further argued that on the basis of conjectures and surmises, lower appellate Court has come to the conclusion that it was the present petitioner who caused the accident, when the very identity of the petitioner could not be established, his presence was doubtful.

On consideration and without commenting on the merits of the case, sentence of the petitioner u/s 304-A of IPC to undergo two years RI with a fine of Rs. 500/- with default stipulation, is suspended. Petitioner shall be released on bail on his furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of

the Trial Court and upon such conditions as imposed by it for his appearance before the Principal Registrar of this court on 21/12/2022 and thereafter on such further dates as may be fixed by the registry in that regard.

Record of the Trial Court be called for.

C.C. as per rules.

(MILIND RAMESH PHADKE) JUDGE

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ABDUR RAHMAN 2022.03.09 12:04:51 +05'30'