Dinesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8861 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          CRR No. 2326 of 2023
                                                 (DINESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-06-2023
                                 Ms. Sonali Rajoria, Advocate for the petitioner.

                                 Shri Vinod Thakur, Government Advocate for the respondent/State.

Heard on I.A. No.8072/2023 which is an application for suspension of sentence under Section 397 (1) of Cr.P.C. for grant of bail of petitioner Dinesh S/o Shrikrishna, who has been convicted by the Court of 22nd Additional

Session Judge, District Indore in CRA No.34/2022 vide judgment dated 30.05.2023 under Section 324/34 of IPC and sentenced to undergo RI of 06 months with fine of Rs.300/- with default stipulation.

Learned counsel for the applicant submits that he has not committed any offence and has been falsely implicated in the case. During trial, he was on bail but after conviction, he has filed an appeal before the appellate Court and his appeal was dismissed on 30.05.2023. He is in custody since 30.05.2023. Final hearing of this revision will take sufficient time therefore, it is prayed that the remaining jail sentence of the applicant may be suspended.

Learned Government Advocate for the respondent/State has objected the prayer and prayed for rejection of the application.

I have heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case and short term jail sentence of the applicant, coupled with the fact that final hearing of this revision is not possible near future.

Accordingly, application IA No.8072/2023 is allowed. It is directed that substantive jail sentence of petitioner- Dinesh S/o Shrikrishna shall be Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-06-2023 11:29:48

suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 07.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, I.A. No.8073/2023 stands disposed off. List the revision for final hearing in due course. Certified copy as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Shilpa

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-06-2023 11:29:48