Hukumsingh @ Munna vs The State Of Madhya Pradesh
2022 Latest Caselaw 7506 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRR No. 1720 of 2022 (HUKUMSINGH @ MUNNA Vs THE STATE OF MADHYA PRADESH)

Dated : 23-05-2022

Mr. Raghuveer Yardi, 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.6430/2022 which is an application filed under Section 397(1) of Cr.P.C for suspension of jail sentence on behalf of the applicant- Hukumsingh.

The applicant has been convicted under sections 342 and 332 of IPC and has been sentenced to undergo 3 months RI and 1 year RI with fine of Rs.200/- and 300/- respectively with default stipulation vide judgment dated 29.04.2022 passed in Criminal Appeal No.312/2019 by I Additional Session Judge, Dewas thereby affirming the order dated 28.11.2019 passed in criminal case No.428/2013 by JMFC, Tonkkhurd, district Dewas

Learned counsel for applicant submits that the courts below have erred in not properly appreciating the evidence on record and convicting the applicant. It is further submitted that applicant is in jail since 29.04.2022. He was on bail during the trial and he has not misused the liberty granted to him. Final hearing of the revision is likely to take sufficient long time. Hence, counsel prays that Signature Not VerifiedDigitally signed by SAN MUKTA the applicant be released on bail and the execution of their remaining jail CHANDRASHEKHA R KOUSHAL Date: 2022.05.23 17:45:50 IST sentence be suspended till the final disposal of this revision.

Learned G.A. for State opposed the prayer for suspension of sentence. Taking into consideration the fact that applicant was on bail during trial and he has not misused the liberty coupled with the fact that there is no likelihood of final hearing of the present revision in near future, 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. 60,000/- (Rupees Sixty 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 6430/2022 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