Ajay Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 22219 MP

Madhya Pradesh High Court

Ajay Soni vs The State Of Madhya Pradesh on 22 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRR No. 5798 of 2023
                                                (AJAY SONI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                 Ms. Namrata Sawlapurkar - Advocate for the applicant.

                                 Shri Vaibhav Kumar Pandey - Advocate for complainant.

                                 Heard on admission.
                                 This revision being arguable is admitted for final hearing.
                                 Also heard on I.A. No.29188/2023, 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 offence
                           punishable under Section 325 of IPC and sentenced to undergo R.I. for six
                           months with fine of Rs.1,000/-, 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 of six months.
                           The 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.
                                 This application for suspension of sentence has been argued on the
                           ground that compromise has been arrived at between the parties. Counsel
                           appeared on behalf of the respondent/complainant although the records of

Courts below have not been received yet, but the judgment reveals that there is

only one injured person i.e. complainant Lalit.

Having considered the fact that the conviction of bail application was under Section 325 of IPC and he has settled the dispute with injured/victim, 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 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 12.02.2024 and on such other

dates as may be fixed in this regard. The applicants shall regularly appear before the trial Court during the pendency of this revision without fail.

Let record of the Courts below be requisitioned. List the case after four weeks for consideration of application for compromise.

(ANURADHA SHUKLA) JUDGE

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