Chandrakant vs The State Of Madhya Pradesh
2023 Latest Caselaw 707 MP

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    HIGH COURT OF MADHYA PRADESH AT INDORE
           CRIMINAL REVISION NO.3040 OF 2022
            (Chandrakant vs The State of Madhya Pradesh)


Indore, Dated 11.01.2023
      Mrs. Rekha Shrivastava, learned counsel for the applicant.
      Mrs. Mamta Shandilya, learned 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.11043/2022 which is first application
under Section 397 (1) of Criminal Procedure Code, 1973, filed on
behalf of applicant - Chandrakant S/o Shri Ramchandra
Sharma who has been convicted by learned Additional Sessions
Judge, Sanawad, District-Paschim Nimad Mandleshwar (MP) in
Criminal Appeal No.66/2020 vide judgment dated 23.07.2022 and
has been sentenced him as under:
              Conviction                            Sentence
     Section & Act   Imprisonment        Fine         Imprisonment in
                                        Amount          lieu of fine
       409 IPC        03 years RI       Rs.2000/-       01 month RI


       Counsel for the applicant submits that against the applicant
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    HIGH COURT OF MADHYA PRADESH AT INDORE
           CRIMINAL REVISION NO.3040 OF 2022
            (Chandrakant vs The State of Madhya Pradesh)


it is alleged that he had committed defaulcation of Rs.3,00,600/-
(Three Lakh Six Hundred). He submits that applicant was on bail
during trial and he has not misused the liberty so granted to him.
The applicant has already undergone the jail sentence of more than
five months. The final disposal of revision is likely to take
sufficient long time. Hence prays for suspension of sentence and
grant of bail to the applicant.
      Per contra, counsel for the non-applicant/State has opposed
the application and prays for its rejection.
      After hearing counsel for the parties, I find that the jail
sentence of the applicant deserves to be suspended subject to
condition that applicant shall deposit 50% of the alleged defaulted
amount before the learned trial Court. On depositing the said
amount, the applicant shall be released on bail on 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)
with one solvent surety of like amount to the satisfaction of trial
Court for his appearance before the Registry of this Court on
10.07.2023

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.3040 OF 2022 (Chandrakant vs The State of Madhya Pradesh)

No.11043/2022 stands disposed of.

In view of the aforesaid order, no orders are required to be passed on IA No.13145/2022, IA No.12271/2022 and IA No.14227/2022 are applications for urgent hearing and interim relief. All those interlocutory applications stands disposed off.

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: 2023.01.11 18:46:23 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.3040 OF 2022 (Chandrakant vs The State of Madhya Pradesh)