Manmohan vs The State Of Madhya Pradesh
2022 Latest Caselaw 14595 MP

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            THE HIGH COURT OF MADHYA PRADESH
                        CRR No. 3579 of 2022
                 [MANMOHAN Vs THE STATE OF MADHYA PRADESH]



Gwalior, dt. :10.11.2022

      Shri Ashfaq Khan, learned counsel for applicant.

      Shri B.M. Shrivastava, learned Public Prosecutor for the State.

      Heard on IA.No.14611/2022, first application u/Sec.397(1) Cr.P.C.

for suspension of sentence and grant of bail moved on behalf of sole

applicant - Manmohan is taken up and considered.

      This criminal revision assails the judgment dated 27/08/2022

passed in Criminal Appeal No.34/2022 by First Additional Sessions

Judge, Datia (M.P.), whereby the judgment of conviction and order of

sentence dated 24/03/2022 passed in RCT No.276/2018 by Judicial

Magistrate First Class Bhander, District Datia (M.P.) has been

confirmed by which applicant has been convicted u/S.304-A (two counts)

of IPC and has been sentenced to undergo rigorous imprisonment of ten

months with fine of Rs.300/- with default stipulation.

      It is submitted by learned counsel for applicant that the trial Court
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has wrongly convicted the applicant without appreciating the materials

and evidence available on record. He has further argued that the applicant

has suffered almost two months of incarceration as against ten months'

R.I. awarded. There are lots of contradictions and omissions in the

evidence of the prosecution witnesses. Disposal of revision shall take

considerable time, therefore, the application for suspension of sentence

deserves to be allowed.

      Per contra, learned Public Prosecutor for the respondent/State

vehemently opposed the prayer and submitted that the prosecution has

proved its case beyond doubt. Hence, prayed to reject the application.

Keeping in view, the facts and circumstances of the case, without

expressing any opinion on merits, the application (I.A.No.14611/2022)

for suspension of sentence is hereby allowed.

It is directed that jail sentence of applicant- Manmohan will remain

under suspension subject to depositing fine amount and on furnishing

personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two

solvent sureties of the like amount to the satisfaction of the concerned

trial Court, for his appearance before the Registry of this Court on

13/12/2022 and thereafter on all subsequent dates as may be fixed by the

office.

Application (I.A.No.14611/2022) stands disposed of.

Certified copy as per rules/directions.

(SUNITA YADAV ) JUDGE vpn VIPIN KUMAR AGRAHARI 2022.11.11 10:28:12 +05'30'