Deen Dayal vs The State Of Madhya Pradesh
2022 Latest Caselaw 7305 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1618 of 2022 (DEEN DAYAL Vs THE STATE OF MADHYA PRADESH)

Dated : 13-05-2022 Mr.Vikas Chouksey, learned counsel for the applicant.

Ms.Shikha Baghel, learned Panel Lawyer for the State. Let records of the courts below be requisitioned. Heard on the question of admission. The revision seems to be arguable. It is admitted for hearing.

Considered I.A.No.8130/2022, which is an application for suspension of sentence and grant of bail.

By the impugned judgment dated 16.2.2021 passed by First Additional Sessions Judge, Waraseoni, District Balaghat in Criminal Appeal No.174/2014 (arising out of judgment dt.14.8.2014 passed in Criminal Case No.1378/2012 by CJM,Waraseoni) the applicant has been convicted for offence under section 325 of the Indian Penal Code and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- with default stipulations.

At the outset learned counsel for the applicant submitted that applicant is custody since April, 2022 and in this regard he filed copy of 'Vakalatnama' indicating he has obtained the same from applicant who is in jail as applicant put

his thumb impression before the Assistant Superintendent of Sub-Jail, Waraseoni. Learned counsel further submitted that applicant is innocent and has been falsely implicated in the crime in question. The courts below have not properly appreciated oral and documentary evidence on record. Final disposal of this revision would take time. The applicant was on bail during trial and in appellate proceedings. Hence, prayer has been made to suspend the sentence.

Learned Panel Lawyer has opposed the prayer for bail.

Considering the over all facts and circumstances of the case; nature of allegations; maximum sentence awarded is of one year; final disposal of revision would take considerable time; and without commenting on merits of the case, the interlocutory application is allowed. It is directed that if the applicant furnishes bail bond of Rs.30,000/- [Rupees Thirty Thousand only] with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant- Deen Dayal shall remain suspended and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 9.9.2022 and on all subsequent dates as may be fixed in this regard, without fail.

I.A.No.8130/2022 is disposed of.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.05.13 19:30:41 IST