Prakash @ Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6815 MP

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                                                      CRR No.1544/2022



    HIGH COURT OF MADHYA PRADESH : BENCH AT
                              INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                        CRR No. 1544 of 2022
        (Prakash @ Kalu S/o. Amarchand V/s. State of M.P.)
Date: 06.05.2022 :
      Shri Ashutosh Sharma, learned counsel for the applicant.
      Shri    Sudhanshu    Vyas,    learned   Govt.   Advocate    for
respondent/State.

Heard on I.A. No.5918/2022, first application for suspension of the jail sentence.

The applicant has filed the present revision against the judgment passed by learned 5th Addl. Sessions Judge, Ratlam in Cr. Appeal No.61/2018 whereby the judgment dated 27.2.2018 passed by Judicial Magistrate, First Class, Ratlam in Cr. Case No. 3548/2014 has been reversed and he has been convicted u/s. 354 of the IPC and sentenced him to undergo one year RI and to pay fine of Rs.1,000/- with default stipulation.

Learned counsel for the applicant submits that the learned lower appellate Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for one year is on the higher side and disproportionate to the alleged crime. The revision is likely to take a considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of the appellant be suspended and he be released on bail.

On the other hand, the learned Govt. Advocate appearing for

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CRR No.1544/2022

the respondent/State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the applicant.

Accordingly, I.A. No.5918/2022 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the applicant in the sum of Rs.30,000/- (Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the applicant shall remain suspended till final disposal of this revision.

The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 12.12.2022 and on all such subsequent dates, which are fixed in this behalf.

Record of court below be requisitioned and list thereafter for admission.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2022.05.07 15:53:33 +05'30'