Munna Kori vs The State Of Madhya Pradesh
2023 Latest Caselaw 9583 MP

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                CRR No. 46 of 2023
                       (MUNNA KORI Vs THE STATE OF MADHYA PRADESH)

Dated : 26-06-2023
       Shri S. K. Patel - Advocate for the applicant.

       Smt. Sunita Sood - Panel Lawyer for the respondent/State.

Heard on I.A. No.166/2023, which is first application filed under section 397(2) of Cr.P.C. on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court under Section 25(1-B)(B) and sentenced to undergo R.I. for 1 year with fine of Rs.200/-, with default stipulation.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. Maximum sentence awarded to the applicant is one year RI. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be

released on bail.

Learned counsel for the State has opposed the application. Heard learned counsel for the parties, perused the records and the judgments of the courts below.

Looking to the nature of allegation against the applicant and period of jail sentence awarded to the applicant, I find it to be a fit case to suspend the custodial 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.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the 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. The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.

List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.06.27 12:45:40 +05'30' Adobe Reader version: 11.0.23