Yogesh Raj vs The State Of Madhya Pradesh
2022 Latest Caselaw 7455 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1804 of 2022 (YOGESH RAJ Vs THE STATE OF MADHYA PRADESH)

Dated : 19-05-2022 Shri Pushpendra Dubey, learned counsel for the applicant.

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

Admit.

Heard on I.A. No.8333/2022, which is an application filed by the applicants for suspension of sentence and grant of bail.

B y the impugned judgment dated 09.05.2022 passed by learned 4th Additional Sessions Judge, Mandla in Criminal Appeal No.28/2021 the applicant has been convicted for offences under Sections 279, 337 (13 counts), 338 and 304-A of the Indian Penal Code and Section 184 of the Motor Vehicles Act and sentenced to undergo RI for one month (fine of Rs.1,000) and RI for 1 year (fine of Rs.1,000/-) for offences under Section 338 and 304- A of the IPC, respectively and only fine of Rs.500/- have been imposed in respect of other offences 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, Yogesh Raj 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