Rajesh Mali vs The State Of Madhya Pradesh
2022 Latest Caselaw 14327 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRR No. 3389 of 2022
                                              (RAJESH MALI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-11-2022
                                 Mr. Mukesh Sharma, learned counsel for the petitioner.

                                 Mr. Purshottam Tanwar, learned Panel Lawyer for the respondent - State.

Heard on I.A.No. 14036 of 2022, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397/401 o f the Cr.P.C. against the impugned judgment dated 18.8.2022 in Cr.A.No.

23/2022 passed by First Additional Sessions Judge, Datia, District Datia (M.P.) partly affirming the judgment of conviction and sentence dated 23.2.2022 passed in RCT No. 1737/2015 by Judicial Magistrate First Class, Datia, District Datia (M.P.) and convicting the petitioner for the offence punishable under Sections 337 (6 counts) and 304 (A) of IPC and sentencing him to undergo rigorous imprisonment of three months with fine of Rs.500/- and rigorous imprisonment of one year with fine of Rs.100/- respectively, with default stipulation.

Learned counsel for the petitioner argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioner. It is further submitted that the petitioner has already suffered more than two months of incarceration out of the total jail sentence of one year a n d there is bleak possibility of final hearing of this revision in near future. Therefore, it has been prayed that the petitioner be released on bail.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 05-Nov-22 12:31:49 PM

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 14036 of 2022) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 07.12.2022 and on all other dates which may be given by the Office for their appearance.

List the case in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 05-Nov-22 12:31:49 PM