Dilip Kumar @ Jani Pathak vs The State Of Madhya Pradesh
2022 Latest Caselaw 7458 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1846 of 2022 (DILIP KUMAR @ JANI PATHAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 19-05-2022 Shri Prabhat Shukla, learned counsel for the applicants.

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

Admit.

For the reasons stated in the application, I.A. No.8708/2022, for urgent hearing during summer vacation, is hereby allowed.

Heard on I.A. No.8487/2022, which is an application filed by the applicants for suspension of sentence and grant of bail.

By the impugned judgment dated 09.05.2022 passed by learned seventh Additional Sessions Judge, Satna in Criminal Appeal No.31/2021 the applicants have been convicted for offences under Sections 323 and 325 of the Indian Penal Code and sentenced till rising of the Court and to undergo RI for one year with fine of Rs.1,000/- for each offence with default stipulation.

Learned counsel for the applicants submits that sentence awarded to the applicants 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 applicants are in custody and this revision would take considerable for its final disposal. In view of the aforesaid, prayer is made to suspend the jail sentence of the applicants and to release them 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 applicants, I deem it to be a fit case to suspend the jail sentence of the applicants, 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] each with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicants, namely, Applicant No.1 - Dilip Kumar and the applicant No.2- Kuldeep Sharma shall remain suspended and they shall be released on bail.

T h e applicants 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 18:49:34 IST