Narendra Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 22225 MP

Madhya Pradesh High Court

Narendra Dubey vs The State Of Madhya Pradesh on 22 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRR No. 2338 of 2023
                                                (NARENDRA DUBEY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                 Ms. Shrishti Kashyap - Advocate for the applicant.

                                 Ms. Seema Jaiswal - Panel Lawyer for the respondent/State.

Heard on admission.

This revision being arguable is admitted for final hearing. Also heard on I.A. No.13057/2023, which is first application filed

under section 397 of Cr.P.C. on behalf of applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for the offence punishable under Section 407 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.500/-, 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 three 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 judgments and the records of the courts below.

Having considered the submissions and on perusal of the records, 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 23.02.2024 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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