Koksingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3689 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                        CRR No. 676 of 2022
                (KOKSINGH Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:-15/03/2022
      Ms. Divyanshi Goyal, learned counsel for the applicant.

      Shri Purushottam Tanwar, learned Panel Lawyer for the

respondent/State.

Heard on I.A.No.3797/2022, first application under Section 397

of Cr.P.C. for suspension of jail sentence on behalf of the applicant.

This criminal revision has been filed against the judgment dated

14/02/2022 passed by First Additional Sessions Judge, Shivpuri in

Cr.A.No.47/2019. The applicant has been convicted and sentenced as

under:-

Section             Sentence         Fine               In        default
                                                        stipulation
304A and 288 2 years of R.I.         Rs.1500/-          Three    months
of IPC                                                  R.I.

It is submitted by the Counsel for the applicant that that this is

the first application for suspension of sentence on behalf of the

applicant. Applicant has wrongly been convicted & sentenced by the

trial Court. There are lot of contradictions and omissions in the

evidence of the prosecution witnesses. Fine amount has already been

deposited by the applicant. It is also submitted that hearing of this

revision shall take a considerable long time. Therefore, prays to

suspend the remaining jail sentence of the applicant.

Learned State counsel has vehemently opposed the submission

and prayed for its rejection.

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

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the applicnat.

Consequently, I.A.No.3797/2022 is hereby allowed.

If the applicant furnish bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one surety each of the like

amount to the satisfaction of the trial Court, the remaining jail

sentence of the applican shall remain suspended and he be released on

bail. The applicant is further directed to mark his appearance before

the Registry of this Court on 27/06/2022 and on subsequent dates

given by the office in this regard, till final disposal of this revision.

Learned counsel for the parties intimate that I.A.No.4491/2022,

has already been filed regarding compromise arrived at between the

parties and pray that a fix date may be given for verification of

compromise before the Principal Registrar of this Court.

Accordingly, as prayed for, parties are directed to remain

present before the Principal Registrar of this Court on 21/03/2022 for

verification of compromise.

List the case for final hearing in due course.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) Judge Monika MONIKA SHARMA 2022.03.16 13:33:08 +05'30'