Nityanand @ Taklu vs The State Of Madhya Pradesh
2023 Latest Caselaw 9084 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRR No. 2495 of 2023
                                            (NITYANAND @ TAKLU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-06-2023
                                  Mr. Kuldeep Thapak - Advocate for the petitioner.

                                  Mr. Prabhat Pateriya - Dy. Advocate General for respondent/State.

Heard on I.A.No. 10440 of 2023, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397/401 o f the Cr.P.C. against the impugned judgment dated 17.04.2023 in Cr.A.No.

2068/2021 passed by 7th Additional Sessions Judge, Bhind, Bhind (M.P.) affirming the judgment of conviction and sentence dated passed in Criminal Case No. 2218/2013 passed by Judicial Magistrate First Class, Bhind convicting the petitioner for the offence punishable under Sections 147, 353/149 and 186 of IPC and sentencing him to undergo 6 months, 6 months and 1 month of rigorous imprisonment and fine of Rs.500/-, Rs.500 and Rs.500/- respectively with default stipulation.

Learned counsel for the petitioner argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioner. The petitioner has already suffered more than one and half month of incarceration out of total sentence awarded to him. He was on bail during trial and never misused the liberty granted to him. Hence, it has been prayed that the petitioner be released on bail.

On the other hand, learned Public Prosecutor opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/20/2023 10:49:22 AM

expressing any opinion on the merits of the case, the application (I.A. No. 10440 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court on 11.07.2023 and on all other dates which may be given by the Office for his appearance.

Record of the Court below be requisitioned. Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/20/2023 10:49:22 AM