Ashok Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 4191 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1059 of 2022 (ASHOK PATEL Vs THE STATE OF MADHYA PRADESH)

Dated : 25-03-2022 Mr. R.S. Patel, learned counsel for the applicant.

Mr. D.K. Paroha, learned Government Advocate for the State. Heard on the question of admission.

The revision is admitted for hearing.

Considered I.A.No.5047/2022, which is first application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of applicant- Ashok Patel.

B y the impugned judgment dated 14.03.2022 passed by IInd ASJ, Narsinghpur (M.P.) in Criminal Appeal No.06/2021, arising out of the judgment and findings dated 11.01.2021 passed by Judicial Magistrate First Class, Narsinghpur, in RCT No.1773/2016, convicting the applicant for offences under Sections 294 and 325 of I.P.C. and sentenced to undergo S.I. for 1 month with fine of Rs.500/- and R.I for 1 year with fine of Rs.1000/- respectively, with default stipulations.

Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Applicant is in jail since 14.03.2022. Fine amount has already been deposited. Final disposal of this revision would take considerable time. Therefore, prayer has been made to suspend the sentence of the applicant.

Learned Government Advocate has opposed the prayer for suspension of sentence.

Considering overall facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is directed that on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction

of the trial Court concerned, remaining jail sentence imposed upon the applicant - Ashok Patel shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the concerned trial Court on

03.08.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this revision.

Accordingly, I.A.No.5047/2022 stands disposed of. Record of the Courts below be requisitioned. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.26 13:22:47 IST