Govind vs The State Of Madhya Pradesh
2022 Latest Caselaw 13840 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRR No. 3884 of 2022
                                                 (GOVIND Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2022
                                 Shri Mitesh Jain, learned counsel for the petitioner .

                                 Shri Rajesh Joshi, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.13338/2022, an application for suspension of jail sentence of the petitioner - Govind.

Petitioner has been convicted by the Additional Sessions Judge, Khachrod District Ujjain vide judgment 28.09.2022 passed in Cr.A. No.

28/2022, maintaining the judgment of JMFC Khachrod, District Ujjain passed in Cr.Case No. 654/2018 for commission of the offence punishable under Sections 354 of IPC and sentenced him to undergo 1 year of RI with fine of Rs.500/- with default stipulation.

Learned counsel for the petitioner submits that the learned trial court as well as first appellate Court has committed error in holding the applicant guilty for the offences punishable under Sections 354 of IPC. There is no likelihood of final conclusion of this revision/petition in near future. It is further submitted that short sentence has been awarded to the petitioner. Hence, it is prayed that

application for suspension of jail sentence filed on behalf of the petitioner be allowed.

Per contra, learned counsel for respondent/State has opposed the prayer and prays for dismissal of the application for suspension of jail sentence.

Having considering the rival submissions, the material produced on record, so also the fact that there is no likelihood of conclusion of final hearing of this revision in near future and the fact that only short sentence has been Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/28/2022 10:36:46 AM

awarded by the court below, without commenting on merits of the case application for suspension of jail sentence of the petitioner is allowed.

It is directed that jail sentence of the petitioner shall remain suspended subject to his deposit of fine amount, if not already deposited, and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court. The petitioner is directed to appear before the Registry of this Court on 28.11.2022 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the I.A. No.13338/2022 stands disposed of.

List for admission after receipt of record of the courts below. C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/28/2022 10:36:46 AM