Citation : 2022 Latest Caselaw 3671 MP
Judgement Date : 15 March, 2022
The High Court Of Madhya Pradesh CRR No. 915 of 2022 (PARVEJ Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 15-03-2022 Mr.A.Usmani, learned counsel for the applicant.
Mr.J.K.Lodhi, learned P.L. for the State. Record of the courts below be requisitioned. Heard on the question of admission.
The revision is admitted for hearing.
Considered I.A.No.4431/2022, which is first application for suspension of
sentence and grant of bail on behalf of the applicant.
B y the impugned judgment dated 28.02.2022 passed by Twenty Second Additional Sessions Judge, Bhopal in Criminal Appeal No.196/2021 the applicant has been convicted for offence under section 304-A of IPC and sentenced to undergo R.I for 1 year and fine of Rs.500/- with default stipulation.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. The learned courts below have not properly appreciated the oral and documentary evidence available on record. The applicant is in custody. He was on bail during trial as well as in lower appellate
Court. Final disposal of this revision would take considerable time. The applicant has already deposited fine amount. Therefore, sentence of applicant be suspended and he be released on bail.
Learned Panel Lawyer has supported the judgment of conviction and order of sentence passed by the courts below.
Considering the nature of allegations against the applicant; sentence awarded b y the learned lower appellate Court; custody period of the applicant; and final disposal of this revision would take considerable time, the application for suspension of sentence is allowed.
It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant-
Parvej s/o Jafar Khan shall remain suspended during the pendency of this case and he shall be released on bail.
The applicant shall appear before the trial Court on 25.07.2022 and on all such subsequent dates, as may be fixed in this regard.
I.A.No.4431/2022 is allowed.
List for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
RM
Signature Not Verified SAN
Digitally signed by RAJESH MAMTANI Date: 2022.03.16 18:18:29 IST
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