Kailash Bhil vs The State Of Madhya Pradesh
2023 Latest Caselaw 6140 MP

                                                    1
                          IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE

                                       CRR No. 1229 of 2023
                               (KAILASH BHIL Vs THE STATE OF MADHYA PRADESH)



            Dated : 17-04-2023
                    Shri Vijay Gulani, learned counsel for the Petitioner .
                    Smt. Varsha Singh Thakur GA appearing on behalf of Advocate
            General.
            ____________________________________________________________
                    Heard on I.A. no. 4100/2023 which is an application filed under
            section 397 of Cr.P.C on behalf of petitioner for grant of bail and
            suspension of remaining jail sentence.
                    The petitioner has been convicted under sections 457 and 380 of
            IPC and sentenced to undergo two years R.I with fine of Rs. 1000/- on
            both counts with default stipulation.

                    Learned counsel for the petitioner contended that the petitioner is
            innocent and has been falsely implicated in this offence. During trial, he
            was remained on bail and he has not misused the liberty granted to him.
            There is material contradictions and omissions in the statement of the
            prosecution witnesses There is strong case in favour of the petitioner.
            During trial, he has suffered one month and 15 days jail incarceration
            and now he is in custody since 16/12/2022 i.e. the date of impugned
            judgment. Final disposal of the revision will take considerable long
            time. Under these circumstances, he prays that the application be
            allowed and the remaining jail sentence of the petitioner be suspended
            till final disposal of the revision.

                    Learned GA for the respondent/State opposed the prayer for grant

ofVerified Signature Not bail and suspension of remaining jail sentence of the petitioner by Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 4/17/2023 5:15:39 PM

submitting that the petitioner has been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the petitioner was remained on bail during trial and he has not misused the liberty granted to him and final disposal of revision is likely to take sufficient long time, I deem it proper to suspend the remaining jail sentence of petitioner

Accordingly, IA No.4100/2023 is allowed and the execution of remaining jail sentence of the petitioner is hereby suspended till the final disposal of this revision and it is ordered that the petitioner be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- with one 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 30/10/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

Let record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 4/17/2023 5:15:39 PM