Kaptan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9430 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRR No. 2331 of 2023
                                                 (KAPTAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-06-2023
                                  Mr. Deepak Kumar Shrivastava - Advocate for the petitioner.

                                  Mr. Dinesh Savita - Public Prosecutor for respondent/State.

Heard on I.A. No.9856/2023, an application u/S.5 of Limitation Act for condonation of delay.

The grounds taken by petitioner seems to be bona-fide and supported by an affidavit.

Consequently, I.A. No.9856/2023 is allowed and delay is condoned. Heard on I.A.No. 9855 of 2023, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

This revision is preferred by the petitioners accused challenging the judgment dated 16/01/2023 passed by Sessions Judge, Ashoknagar, in Criminal Appeal No.70/2022, whereby the appellate Court has partly allowed the appeal filed by the present petitioner challenging the judgment of conviction and sentence dated 29/07/2022 passed by Judicial Magistrate First Class, Ashoknagar in Criminal Case No.RCT/2066/2016. The appellate Court reduced

the sentence of the present petitioner to three months R.I. from one year RI under Section 325 of IPC, however, maintained the sentence of fine for said offence i.e. Rs.2000/- 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 month of incarceration out of total sentence awarded to him. He was on bail during trial and never misused the liberty Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/23/2023 10:27:40 AM

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 expressing any opinion on the merits of the case, the application (I.A. No. 9855 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.1,00,000/- (Rs. One Lac 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 29.09.2023

and on all other dates which may be given by the Office for his appearance.

Certified copy as per rules.

List in due course.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/23/2023 10:27:40 AM