Chhotu @ Surendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 15537 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 4450 of 2022
                                           (CHHOTU @ SURENDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-11-2022
                                 Mr. Ajay Chandra Sharma, learned counsel for the Petitioner.

                                 Mr. Anil Shukla, learned Public Prosecutor for respondent/state.

Admit.

Let record of the Court below be called for. Heard on I.A.No. 18022/2022, 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 29.10.2022 in Cr.A.No. 244/2022 passed by Ninth Additional Sessions Judge, Gwalior (M.P.) convicting the petitioner for the offence punishable under Section 379 of IPC and sentencing him to undergo rigorous imprisonment of one year and fine of Rs. 1000/- with default stipulation.

Learned counsel for the petitioner argued that the Court below have wrongly appreciated the evidence and convicted the petitioner. The petitioner has suffered almost 1.5 month of incarceration out of total awarded jail sentence

of one year. It is further submitted that the fine amount has already been deposited. Hearing of revision shall take some time. Under these circumstances, the execution of sentence be suspended and he be released on bail On the other hand, learned counsel appearing on behalf of the respondent/State opposes the application for suspension of sentence and grant of bail filed on behalf of the petitioner and prayed for its rejection. Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Nov-22 4:34:36 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. 18022/2022) is allowed.

It is directed that the petitioners 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 10.01.2023 and on all other dates which may be given by the Office for his appearance.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Chetna

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Nov-22 4:34:36 PM