Shiv Prasad @ Shiv Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3700 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 850 of 2022
               (SHIV PRASAD @ SHIV KUMAR Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-03-2022
      Mr.V.V.R.Daniel, learned counsel for the applicant.

      Ms.Nalini Gurang, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The revision seems to arguable. It is admitted for hearing. Let record of the courts below be requisitioned. Considered I.A.No.4239/2022, which is first application for suspension of

sentence and grant of bail.

By the impugned judgment dated 28.2.2022 passed by the Sessions Judge, Seoni in Criminal Appeal No.17/2021 the applicant has been convicted for offence under section 327 of Indian Penal Code and sentenced to undergo R.I. for 1 year with fine of Rs.5,000/- with default stipulation.

Learned counsel for the applicant submitted 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 since the date of judgment. Final disposal of this

revision would take considerable time. Therefore, sentence of the applicant be suspended and he be granted 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 by 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 fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant-Shiv Prasad @ Shiv Kumar 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.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.15 18:26:11 IST