Makhan Singh vs State Of M.P.
2023 Latest Caselaw 21981 MP

Madhya Pradesh High Court

Makhan Singh vs State Of M.P. on 20 December, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 1004 of 2006 (MAKHAN SINGH Vs STATE OF M.P.)

Dated : 20-12-2023 Shri Deependra Singh Kushwah, learned counsel for the Petitioner [P-1].

Shri Alok Sharma - P.L. - appearing on behalf of Advocate General.

Heard on I.A.No. 23080 of 2023, Second application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the sole petitioner- Makhan Singh. First application for suspension of sentence was

allowed by this Court vide order dated 07/12/2007 passed in I.A No. 21619/2006.

T his revision is preferred by the petitioner accused challenging the judgment dated 21/12/2004 passed by Sessions Judge, District Morena in Criminal Appeal No. 304/2003, which was filed against the judgment of conviction and order of sentence dated 25/08/2003 passed by JMFC, Ambah, Dist. Morena in case No. 51/2001, whereby, the learned JMFC has convicted the petitioner for the offence punishable under section 304-A of IPC and sentenced to undergo imprisonment for One year with fine of Rs. 1000/- with

default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that there are material contradictions and omissions in the statement of prosecution witnesses. It is further argued that the case was fixed for hearing on 06/12/2023, but since petitioner's counsel did not appear before the Court on the date of hearing, therefore, warrant of arrest has been issued against the petitioner and now he is in jail. Present revision is likely to take long time to

come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A.No.23080 of 2023) is allowed.

I t is directed that the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court.

The petitioner shall now appear before the Registry of this Court on 15.02.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

List the case for final hearing in due course. All interlocutory applications for urgent hearing, if any, stand disposed of.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar