Prabhudayal vs The State Of Madhya Pradesh
2022 Latest Caselaw 7143 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1758 of 2022 (PRABHUDAYAL Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2022 Mr. P. S. Chouhan, learned counsel for the applicant.

Mr. Ashok Sinha, learned Government Advocate for the State. Heard on the question of admission.

The revision is admitted for hearing.

Considered I.A.No.8036/2022, which is first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of

applicant- Prabhudayal.

By the impugned judgment dated 29.04.2022 passed by IInd ASJ, Betul (M.P.) in Criminal Appeal No.21/2021, arising out of the judgment and findings dated 18.11.2021 passed by Judicial Magistrate First Class, Betul, in Criminal Case No.700021/2014, convicting the applicant for offences under Sections 279, 304-A of I.P.C. and Section 146/196 of Motor Vehicle Act and sentenced to undergo S.I. for 6 months with fine of Rs.200/-, S.I. for 1 year with fine of Rs.200/- and R.I for rising out of the Court with fine of Rs.100/- 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 the date of judgment i.e. 29.04.2022. Final disposal of this revision would take considerable time, therefore, it is prayed to suspend the sentence of the applicant.

Learned Government Advocate has opposed the prayer for suspension

of sentence.

Considering the 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.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 the applicant Prabhudayal 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 07.09.2022 and on all subsequent dates, as may be fixed in this regard during

the pendency of this revision.

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: 2022.05.12 12:28:18 IST