Dharmendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 7444 MP

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                   Criminal Revision No.1027/2022
                 (Dharmendra and Another Vs. State of M. P.)
                                    -1-

Indore, dated 19/05/2022
         Shri Mayank Mishra, advocate appearing on behalf of Shri
Vikram Bhatnagar, learned counsel for the applicant.
         Shri Hemant Sharma, learned counsel for the respondent /

State.

IA.No.6970/2022 is an application for urgent hearing and IA.No.6971/2022 is an application for hearing during vacation. On due consideration, the same are allowed.

Also Heard on I.A. No.4245/2022, which is an application under Section 397(1) of the Cr.P.C. for suspension of custodial sentence on behalf of applicants - Dharmendra and Mahendra.

The applicants stand convicted vide judgment dated 28/09/2018 passed by Judicial Magistrate First Class, Indore (M.P.) in Criminal Case Nos.19844/2008 for the offence punishable under Sections 451, 323 and 427 of the Indian Penal Code, 1860 and have been sentenced to undergo 06 months RI, 06 months RI and 06 months RI with fine of Rs.200/-, Rs.200/- and Rs.200/- respectively with default stipulation. The aforesaid order has been confirmed by the Additional Session Judge, Special Judge (Electricity Act), No.- 7, Indore in Criminal Appeal No.309/2018 on 28/01/2022.

Counsel for the applicants submits that applicants were on HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Revision No.1027/2022 (Dharmendra and Another Vs. State of M. P.)

bail during the trial and they have not misused the liberty granted to them. Looking to old pendency of the cases for consideration, final conclusion of the case would take sufficient long time. There is a strong case in favour of the applicants. Hence, the execution of the remaining part of the jail sentence be suspended.

Per contra learned counsel for the State opposes the application and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation against the applicants and also taking note of the fact that applicants were on bail during the trial, the maximum sentence awarded to the applicants is 06 months RI and there is no complaint that they have misused the liberty granted to them. Final conclusion of the revision will take long sufficient time. 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 applicants.

Accordingly, I.A. No.4245/2022 is allowed and it is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond by the applicants each in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court for their appearance before the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Revision No.1027/2022 (Dharmendra and Another Vs. State of M. P.)

Registry of this Court, the execution of remaining custodial part of the sentence of the applicants shall remain suspended the till final disposal of this revision.

The applicants after being enlarged on bail shall mark their presence before the Registry of this Court on 01/11/2022 and on all such subsequent dates, which are fixed in this behalf.

With the aforesaid, IA.No.4245/2022 stands disposed of. Registry is directed to requisition the record of both the Courts below.

Certified copy as per rules.

(ANIL VERMA) VACATION JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.05.19 18:04:31 +05'30'