Ghanshyam vs The State Of Madhya Pradesh
2023 Latest Caselaw 21441 MP

Madhya Pradesh High Court

Ghanshyam vs The State Of Madhya Pradesh on 14 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRR No. 4755 of 2023
                                                  (GHANSHYAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-12-2023
                                  Shri S.S. Rajput - Advocate for applicant.

                                  Shri D.K. Shukla - Panel Lawyer for respondent/State.

Heard on I.A. No.24501/2023, application under Section 5 of Limitation Act for condonation of delay.

It is submitted by counsel for the applicant that the applicant is a

labourer, he used remain out of State of labour work and was unaware about the passing of judgment by the appellate Court, therefore, the delay has ocured in filing this criminal revision.

For the reasons assigned in the application, which is supported by an affidavit of brother of applicant, the same is allowed. Delay in filing the revision petition is condoned.

Record of the Courts below has been received.

Heard on the question of admission.

This revision is admitted for final hearing.

Also heard o n I.A. No.24228/2023, which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 325/34 of IPC and sentenced to undergo R.I. for 01 year with fine of Rs.1000/-, with default stipulation.

Learned counsel for the applicant has submitted that the both the Courts b elo w have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicants for the

aforesaid offence. The maximum sentence awarded to the applicant is six months. The applicant is in custody and disposal of this case would take considerable time, therefore, custodial sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application. Having considered the submissions and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. 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 solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 22.02.2024 and on such other dates as may be fixed in this regard during pendency of this revision, without fail.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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