Bablu @ Budhu vs The State Of M.P.
2023 Latest Caselaw 12699 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1457 of 2023 (BABLU @ BUDHU Vs THE STATE OF M.P.)

Dated : 07-08-2023 Shri B. R. Pandey - Advocate for the applicant.

Smt. Seema Jaiswal - Panel Lawyer for State.

Heard on admission.

This revision being arguable is admitted for final hearing. Also Heard on I.A. No.7448/2023, which is first application filed under

section 397(1) of Cr.P.C. on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for the offences punishable under Section 304-A of IPC and sentenced to undergo S.I. for ten months with fine of Rs.2,500/-, Section 337 of IPC and sentenced to undergo S.I. for one month with fine of Rs.500/- and Section 338 of IPC (on four counts) and sentenced to undergo S.I. for six months (on each count) with fine of Rs.2,000/-, with default stipulations.

Learned counsel for the applicant has submitted that the trial Court has

n o t properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is ten months. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application. Heard learned counsel for the parties, perused the records and the judgments of the courts below.

Looking to the overall facts and circumstances of the case and the evidence available on record as well as grounds raised about infirmities in its appreciation, this Court considers it appropriate to suspend the custodial sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and he shall be released on bail for securing his presence before the

trial Court concerned on 06.11.2023 and on such other dates as may be fixed in this regard. The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.

List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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