Sunil vs The State Of Madhya Pradesh
2022 Latest Caselaw 7454 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1658 of 2022 (SUNIL Vs THE STATE OF MADHYA PRADESH)

Dated : 19-05-2022 Shri D.K.Pathak, learned counsel for the applicant.

Shri Narendra Lodhi, learned Panel Lawyer for the State. Heard on admission.

Admit.

For the reasons stated in the application, I.A. No.8908/2022, for urgent hearing during summer vacation, is hereby allowed.

Heard on I.A. No.7616/2022, which is an application filed by the applicant for suspension of sentence and grant of bail.

By the impugned judgment dated 28.04.2022 passed by learned first Additional Sessions Judge, Itarsi in Criminal Appeal No.56/2017 the applicant has been convicted for offence under Section 304-A of the Indian Penal Code and sentenced to undergo RI for one year with fine of Rs.4,000/- with default stipulation.

Learned counsel for the applicant submits that sentence awarded to the applicant is only one year. It is further contended that the courts below have

not considered the material on record in proper perspective and thus reached to erroneous findings. It is contended that the applicant is in custody and this revision would take considerable time for its final disposal. In view of the aforesaid, prayer is made to suspend the jail sentence of the applicant and to release him on bail.

Learned counsel for the State has opposed the prayer of the applicants. Looking to the nature of the offence and period of jail sentence awarded

to the applicant, I deem it to be a fit case to suspend the jail sentence of the applicant, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a 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, the custodial sentence of applicant, namely, Sunil shall remain suspended and he shall be released on bail.

T h e applicant shall appear before the trial Court concerned on 15.09.2022 and on all subsequent dates as may be fixed in this regard, without

fail.

Record be requisitioned.

List for final hearing in due course.

(SMT. ANJULI PALO) V. JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.05.19 18:49:33 IST