Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 8961 MP

                                    1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRR No. 1481 of 2023
                        (ANIL Vs THE STATE OF MADHYA PRADESH)

Dated : 16-06-2023
        Shri Anil Kumar Tiwari - Advocate for the applicant.

        Shri   Narendra    Chourasiya      -   Government       Advocate   for   the
respondent/State.

Record of the Courts below has been received. Record perused.

Heard on admission.

Prima facie this criminal revision seems to be arguable.Hence, admitted for final hearing.

Heard on I.A.No.7554/2023 an application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the revision.

Learned counsel for the applicant submitted that applicant was acquitted by the trial Court but in appeal learned Appellant Court has set aside the judgment passed by learned Judicial Magistrate First Class, Khandwa and convicted the appellant for commission of offence under Section 354 (A) and

451 of IPC and sentenced to undergo R.I. for one year with fine of Rs.5,000/- and R.I. for six months with fine of Rs.2,000/- respectively with default stipulation.

Learned counsel for the applicant submitted that he has fair chances to succeed in revision. There is no possibility of hearing of this revision petition in near future. Therefore, it has been prayed that applicant be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail.

I have gone through the judgments passed by the Courts below and material on record. Having taking into consideration the short term imprisonment, the fact that there is no possibility of hearing of this revision in near future and the fact that trial Court had acquitted the applicant, without expressing any opinion on merits of the matter, I am of the view that it is a case in which applicant may be released on bail suspending the execution of jail sentence.

Therefore, I.A.No.7554/2023 is allowed. Only the jail sentence of the applicant as awarded by the Appellate Court is suspended till further order upon his furnishing a personal bond in the sum of Rs.50,000/- with one

solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the JMFC Khandwa, District Khandwa on 21.08.2023 and on all such further dates as may be fixed by that court during the pendency of this revision.

List this case for final hearing in due course. Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE

RC

Digitally signed by RASHMI TIKARAM CHIKANE Date: 2023.06.16 16:47:35 +05'30'