Dharmendra Urf Rupendra Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 9421 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2285 of 2023 (DHARMENDRA URF RUPENDRA RAIKWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 22-06-2023 Shri Ram Bihari Gautam - Advocate for the applicant.

Shri Dilip Shrivastava - Government Advocate for the State.

Heard on admission.

This revision is admitted for final hearing. Also heard on I.A.No.12520/2023, which is first application filed on

behalf of the appellant for suspension of sentence and grant of bail.

The applicant was convicted by the trial Court under Section 498-A of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.1,000/- and Section 4 of Dowry Prohibition Act and sentenced to undergo R.I. for 6 months with fine of Rs.1,000/-, respectively, with default stipulation.

Learned counsel for the applicant has submitted that the Courts below have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicant for aforesaid offence. The jail sentence awarded to the applicant is of six months. The applicant is in

custody and there is a bleak possibility of disposal of this revision in near future, therefore, the sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the record and judgment of the trial Court.

Looking to the nature of offence and period of jail sentence awarded to Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/23/2023 11:39:11 AM

the applicant, I find it to be a fit case to suspend the jail sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the jail sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 11.09.2023 and on such other dates as may be fixed in this regard during pendency of this case.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/23/2023 11:39:11 AM