Raju Mishra @ Ramkrishna Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 21780 MP

Madhya Pradesh High Court

Raju Mishra @ Ramkrishna Mishra vs The State Of Madhya Pradesh on 19 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRR No. 3589 of 2023
          (RAJU MISHRA @ RAMKRISHNA MISHRA Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2023
       Shri Deepak Vitthal Pendharkar - Advocate for the applicant.

       Shri Devendra Shukla - Panel Lawyer for State.

       Reserved on       : 14.12.2023
       Pronounced on : 19.12.2023

       Arguments of both the counsel for the parties are heard at length.

       Judgments and records of both the courts below perused.
                                        ORDER

Heard on admission.

This revision being arguable is admitted for final hearing. Also Heard on I.A. No.19258/2023, which is first application filed under section 397(1) of Cr.P.C. on behalf of applicant Raju Mishra alias Ramkrishna Mishra for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for the offences punishable under Sections 304-A and 337 of IPC and sentenced to undergo

R.I. for 2 years and NIL with fine of Rs.1,000/- and Rs.500/- respectively, with default stipulations.

Learned counsel for the applicant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is of two years. 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.

Having heard the arguments 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.

It 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 solvent 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 25.01.2024 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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Date: 2023.12.19 17:47:46 +05'30'