Avinash vs The State Of Madhya Pradesh
2023 Latest Caselaw 3145 MP

                                                        1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE

                                             CRR No. 723 of 2023
                                      (AVINASH Vs THE STATE OF MADHYA PRADESH)



              Dated : 21-02-2023
                          Shri Surendra Kumar Gupta, learned counsel for the Petitioner .
                          Shri Ajay Raj Gupta Pl appearing on behalf of Advocate General.
             ____________________________________________________________
                          Heard on I.A. no. 2446/2023, which is an application filed under
             section 397 of Cr.P.C on behalf of petitioner for grant of bail and
             suspension of remaining jail sentence.
                          Learned counsel for the petitioner contended that the petitioner has
             been convicted under section 14 of the Rajya Surakshya Adhiniyam and
             sentenced to undergo six months R.I with fine of Rs. 500/- with usual
             default stipulation. After passing the judgment, his jail sentence has been
             suspended by the trial Court. During trial, he was remained on bail and
             he has not misused the liberty granted to him. There is strong case in
             favour of the petitioner. Final disposal of the revision will take
             considerable long time. Under these circumstances, he prays that the
             application be allowed and the remaining jail sentence of the petitioner
             be suspended till final disposal of the revision.
                          Learned GA for the respondent/State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the petitioner by submitting that the petitioner has been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the petitioner Signature Not Verified was remained on bail during trial and he has not misused the Signed by: AMOL N MAHANAG Signing time: 2/22/2023 10:51:42 AM

liberty granted to him and final disposal of revision is likely to take time, I deem it proper to suspend the remaining jail sentence of petitioner

Accordingly, IA No.2446/2023 is allowed and the execution of remaining jail sentence of the petitioner is hereby suspended till the final disposal of this revision and it is ordered that the petitioner be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 22/08/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

Let record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 2/22/2023 10:51:42 AM