Dashrath vs The State Of Madhya Pradesh
2023 Latest Caselaw 3472 MP

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.282 OF 2023 (Dashrath vs The State of Madhya Pradesh)

Indore, Dated 27.02.2023 Mr. Rituraj Bhatnagar, counsel for the applicant. Mr. Viraj Godha, counsel for the non-applicant/State. Heard on the point of admission.

The revision is admitted for final hearing. Records have been received.

Also heard on IA No.1162/2023 which is first application under Section 397(1) of Criminal Procedure Code, 1973, filed on behalf of applicant - Dashrath S/o Harish Chandra Gayri who has been convicted by learned First Additional Sessions Judge, Jaora, District-Ratlam (MP) in Criminal Appeal No.61/2022 vide judgment dated 07.01.2023 and has been sentenced him as under:

              Conviction                         Sentence
     Section & Act   Imprisonment        Fine      Imprisonment in
                                        Amount       lieu of fine
       354-A IPC      01 year RI         500/-        15 Days RI

Counsel for the applicant submits that applicant was on bail during trial and revision and he did not misuse the liberty so granted to him. The final hearing of revision may take a long

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.282 OF 2023 (Dashrath vs The State of Madhya Pradesh)

time. With these submissions, suspension has been sought.

Per contra, counsel for the State supports the order of conviction and sentence. However, could not dispute the fact that applicant was on bail during trial and has not misuse the liberty so granted to him.

After hearing learned counsel for the parties and taking into consideration the fact that the applicant was on bail during trial and has not misuse the liberty so granted to him and the final hearing of revision may take a long time, accordingly the application IA No.1162/2023 is being allowed.

It is directed that substantive jail sentence of applicant - Dashrath S/o Harish Chandra Gayri shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one local solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 18.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.282 OF 2023 (Dashrath vs The State of Madhya Pradesh)

No.1162/2023 stands disposed of.

List the revision for final hearing in due course. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.02.27 18:31:20 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.282 OF 2023 (Dashrath vs The State of Madhya Pradesh)