Rajju @ Raju vs The State Of Madhya Pradesh
2023 Latest Caselaw 1251 MP

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                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT INDORE
                                                              CRR No. 3065 of 2022
                                                     (RAJJU @ RAJU Vs THE STATE OF MADHYA PRADESH)

                                  Dated : 20-01-2023
                                        Shri Harshvardhan Pathak, counsel for the Petitioner .

                                        Shri Raghvendra Singh Bais, G.A. for State.
                                        ___________________________________________________
                                        Heard on I.A.No. 11984/2022 which is application for condonation of
                                  delay. There is delay of 1703 days in filing the present revision petition against
                                  the order of conviction and sentence.

                                        It is stated that applicant was on bail during trial and the fact of dismissal
                                  of appeal and conviction of applicant was not informed by the counsel and the
                                  came to know only when the warrant of arrest was issued by the Court. The
                                  aforesaid assertion is supported by the affidavit.
                                        On due consideration, I.A. No. 11984/2022 is allowed and delay in filing
                                  the revision is condoned.
                                        Revision is admitted for final hearing.
                                        Also heard on I.A.No. 11065 of 2022 which is application under section
                                  397 Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

                                  applicant Rajju.
                                        Applicant has been convicted under Section 353 and 448 of IPC by III
                                  ASJ, Mhow, Indore and sentenced to undergo 02 years RI with fine of Rs.500/-
                                  and six months RI with fine of Rs.500/- with default stipulation by judgment
                                  dated 4.09.2017 passed in Cr.Appeal No. 824/2016 arising out of judgment
                                  dated 22.08.2016 passed by JMFC, Mhow in criminal case No. 516/2013.
                                        Learned counsel for the applicant submits that applicant is in jail for last
Signature Not Verified
Signed by: MUKTA
CHANDRASHEKHAR KOUSHAL
Signing time: 20-Jan-23 4:57:12
PM
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                                  about 6 months from 7.7.2022. He has already served jail sentence of more than
                                  six months out of two years jail sentence. The final hearing of revision will take
                                  time. Hence,     it is prayed that application for suspension of sentence be
                                  allowed.
                                        Learned Govt. Advocate for the respondent/State opposes the prayer.

Taking into consideration that applicant was on bail during trial and he has not misused the liberty and final hearing of the revision is likely to take time, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the applicant. Hence, without expressing any opinion on merits of the matter I.A.No.11065/2022 is allowed and jail sentence

of the applicant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, the applicant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 11.07.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this Revision.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 20-Jan-23 4:57:12 PM