Jagdish vs The State Of Madhya Pradesh
2023 Latest Caselaw 12203 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRR No. 3817 of 2022
                                                 (JAGDISH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-08-2023
                                  Shri Manish Datt- Sr. Advocate with Shri Mayank Sharma- Advocate

                           for applicant.
                                  Shri Ramgreesh Verma - Panel Lawyer for respondent/State.

At the very outset, learned counsel for the applicant prays for withdrawal of IA No. 14818/23.

Prayer is allowed.

IA No. 14818/23 is dismissed as withdrawn. Heard on I.A. No. 18610/2022, which is first application for suspension of sentence and grant of bail to applicant -Jagdish.

The applicant was convicted under Sections 419, 420 and 465 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/-, RI for two years and fine of Rs. 500/- and RI for one year and fine of Rs. 500/- and under Section 3(d) r/w Section 4 of M.P Recognized Examination Act, 1937 and sentenced to undergo R.I. for one year with fine of Rs.500/- with default

stipulations.

The first Appellate Court vide judgment of learned 2nd Additional Sessions Judge, Ashta District Sehore in Criminal Appeal No. 62/18 has affirmed the judgment of conviction and order of sentence imposed by the learned trial court however, acquitted the applicant of the offence under Section 465 of IPC.

Learned counsel for the applicant submits that this is first application for suspension of sentence and grant of bail to the applicant. It is alleged that Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 02-08-2023 12:59:31

applicant on 28-05-2013 was giving exam by impersonating other person. Prosecution has utterly failed to bring reliable evidence on record hence, conviction is bad in law and prays for suspension of sentence.

It is further submitted that half of the sentence awarded by the learned trial court has been completed. It is seen from the record of the trial court that the appellant was in custody from 29-05-2013 to 02-07-2013 and after the dismissal of appeal the accused was arrested and brought before the learned JMFC, Ashta District Sehore on 22-09-2022 and since then he is in jail till date. Thus, it seems that the applicant has remained in custody for about 11 months, out of the total sentence of two years, awarded by the learned trial Court, in

which sentences have been directed to run concurrently. The hearing of this revision will take time. Hence, his remaining jail sentence may be suspended.

Prayer is opposed by learned Panel Lawyer for the respondent/State but, he fairly submits that there is no previous criminal antecedent of the applicant of this nature.

Considering the short sentence and nature of the accusation, I deem it appropriate to suspend the remaining jail sentence of the applicant.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the applicant is hereby suspended and it is directed that the applicant-Jagdish be released on bail on his furnishing a personal bond for the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of concerned trial court. The applicant shall appear before the Trial Court Ashta Distt. Sehore on 06.11.2023 and further dates may be fixed by the Court in this regard during the pendency of this revision.

Signature Not Verified Let copy of this order be sent to the concerned Court. Signed by: PARMESHWAR GOPE Signing time: 02-08-2023 12:59:31

Accordingly, I.A.No. 18610/22 is allowed. C.C. as per rules.

(AVANINDRA KUMAR SINGH) JUDGE

PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 02-08-2023 12:59:31