Madhya Pradesh High Court
Gopal vs The State Of Madhya Pradesh on 18 July, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 3073 of 2023
(GOPAL Vs THE STATE OF MADHYA PRADESH)
Dated : 18-07-2023
Shri Vikas Yadav - Advocate for the petitioner.
Shri Prashant Jain Gwaliory - GA for respondent/State.
Heard on IA No.10489 of 2023, which is an application under Section 5
of the Limitation Act for condonation of delay in filing the revision.
Delay of 114 days has properly been explained by the appellant and the
application is well supported by the affidavit.
On due consideration, IA is allowed and the delay of 114 days in filing
the revision is hereby condoned.
Also heard on IA No.10493 of 2023, which is an application under
Section 397 of Cr.P.C. on behalf of the petitioner-Gopal for grant of bail and
suspension of remaining jail sentence.
Petitioner has been convicted for the offence under Section 498-A of
IPC and sentenced to one year R.I. with fine of Rs.2,000/-, with usual default
stipulation.
Learned counsel for the petitioner contended that the petitioner is
innocent and he has been falsely implicated in this matter. Complainant is not
his legally wedded wife. There is a strong prima facie case in favour of the
petitioner. He was remained on bail during trial and he did not misuse the liberty
given to him. After passing the judgment by the appellate court, petitioner is in
custody since 27.6.2023. Final conclusion of this revision will take a long
sufficient time. Hence he prays for grant of bail and suspension of remaining jail
sentence of the petitioner.
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 18-Jul-23
5:15:49 PM
Per contra, learned GA for the respondent/State opposes the application
for suspension of sentence and prays for its rejection.
After considering the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
and also taking note of the fact that petitioner was remained on bail during the
trial and he did not misuse the liberty given to him and that final conclusion of
this revision will take a long sufficient time, I deem it proper to suspend the
remaining jail sentence of the petitioner.
Accordingly, IA No.10493 of 2023 is allowed and the execution of
remaining jail sentence of the petitioner-Gopal is hereby suspended till the final
disposal of this Criminal Revision and it is ordered that the petitioner be
released on bail on his depositing the fine amount, if not already deposited, and
upon furnishing a personal bond for a 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 23.11.2023 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 the record of both the courts below be requisitioned and the matter
be listed immediately after receipt of record.
C.C. as per rules.
(ANIL VERMA)
JUDGE
trilok
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 18-Jul-23
5:15:49 PM
