Prabhulal vs The State Of Madhya Pradesh
2023 Latest Caselaw 21569 MP

Citation : 2023 Latest Caselaw 21569 MP
Judgement Date : 15 December, 2023

Madhya Pradesh High Court

Prabhulal vs The State Of Madhya Pradesh on 15 December, 2023

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRR No. 5362 of 2023
                                                (PRABHULAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-12-2023
                                 Shri Harish Chandra Tripathi, learned counsel for the applicant.

                                 Shri Anendra Singh Parihar, GA for the respondent/State.

Heard on I.A.No.18896/2023, an application under Section 5 of the Limitation Act, 1963 for condoning the dealy in preferring this revision under Section 397 & 401 of the Cr.P.C. The delay is of 67 days.

02. Considering the averments and the reasons mentioned in paragraphs no.3 and 4 of the application and the fact that the revision petitioner is in custody, I.A.No.18896/2023, is allowed and the delay of 67 days is hereby condoned.

03. Also heard on the question of admission.

04. Perused the record and judgment of the trial as well as appellate Court, this revision petition is admitted for final hearing.

05. Also heard on I.A.No.17373/2023, which is first application under Section 397(1) of Cr.P.C. for grant of bail and suspension of remaining jail

sentence on behalf of the applicant - Prabhulal.

06. The applicant has filed this revision against judgment dated 31.05.2023 passed by First Additional Sessions Judge, Jaora, District Ratlam in Cr.A. No.57/2019 affirming the judgment dated 26.08.2019 passed by Judicial Magistrate First Class, Jaora, District Ratlam in RCT No.2152/2014 convicting the applicant under Section 304(A) of the IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- and Section 3/181 of the Motor Vehicle Act and sentenced to undergo till rising of the Court with fine of Rs.500/- with

default stipulation.

07. Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that the applicant is in custody since 24.05.2023 and has already suffered jail incarceration of about seven months. Final disposal of this revision would take considerable long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the applicant be allowed.

0 8 . Learned Govt. Advocate for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the

applicant and prayed for its rejection.

0 9 . Looking to the arguments advanced by both the parties as also taking note of the fact that the applicant has undergone the period of about seven months and final disposal of revision is likely to take time, I deem it proper to suspend the remaining jail sentence of applicant and grant bail to the applicant.

10. Accordingly, without expressing any opinion on merits of the case, I.A. No.17373/2023 is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended till final disposal of the revision, subject to the depositing the fine amount, if any, and upon furnishing 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 for his appearance before trial Court on 26.02.2024 and on such other dates as may be fixed by the concerned Court in this regard.

11. I.A. No.18896/2023 and I.A.No.17373/2023 stands allowed and

disposed off.

List the case for final hearing in due course.

Certified copy as per rules.

(GAJENDRA SINGH) JUDGE