Dharmendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 7505 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRR No. 1449 of 2022 (DHARMENDRA Vs THE STATE OF MADHYA PRADESH)

Dated : 23-05-2022

Mr. Vijay Gulani, learned counsel for the applicant.

Mr. Rajendra Suryavanshi, learned G.A. for the State. Heard.

Admit.

Let record of the court below be requisitioned.

Heard on I.A.No.5547/2022 which is an application filed under Section 397(1) of Cr.P.C for suspension of jail sentence on behalf of the applicant- Dharmendra.

T he applicant has been convicted under sections 354, 354A(1)(ii) IPC and 456 of IPC and has been sentenced to undergo 1-1-1 year RI with total fine of Rs.2,000/- with default stipulation vide judgment dated 7.3.2022 passed in Criminal Appeal No.43/2018 by I Additional Session Judge, Jaora, district Ratlam.

Learned counsel for applicant submits that the court below has erred in

not properly appreciating the evidence on record and convicting the applicant. It is further submitted that applicant has surrendered before the trial court on 18.5.2022. Final hearing of the revision is likely to take sufficient long time. Hence, counsel prays that the applicant be released on bail and the execution of remaining jail sentence be suspended till the final disposal of this revision.

Learned G.A. for State opposed the prayer for suspension of sentence. Signature Not VerifiedDigitally signed by SAN MUKTA

Taking into consideration the fact that applicant was on bail during trial CHANDRASHEKHA R KOUSHAL Date: 2022.05.23 17:45:50 IST

and he has not misused the liberty coupled with the fact that after the conviction

he has surrendered before the trial court and final hearing of the present revision is likely to take time, this Court is of the considered opinion that it is a fit case for suspension of remaining jail sentence of applicant.

It is directed that execution of the renaming jail sentence of applicant is hereby suspended subject to depositing the fine amount if not already deposited and it is ordered that the applicant be released on bail on furnishing personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 12.10.2022 and all other subsequent dates, as may be fixed in this behalf by the Registry during

pendency of this revision.

With the aforesaid, IA 5547/2022 stands disposed of. Certified copy as per rules.

(ANIL VERMA) V. JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.05.23 17:45:50 IST