Golu @ Ankit vs The State Of Madhya Pradesh
2023 Latest Caselaw 9703 MP

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                                                         CRR No. 2432/2023


HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                       CRR No. 2432 of 2023
        (GOLU @ ANKIT. V/s. STATE OF MADHYA PRADESH)
Date: 27.06.2023 :
      Shri Anupam Bhatele, learned counsel for the applicant.
      Shri    Amit    Rawal,     learned     Govt.    Advocate        for
respondent/State.

Heard on I.A. No.9065/2023, which is an application under Section 389 of Cr.P.C for suspension of jail sentence.

Learned JMFC, Dewas vide judgment dated 3.3.2023 passed in Cr. Case No. 2227/2017 has convicted the applicant u/s. 354 of the IPC and sentenced him to undergo one year RI and to pay a fine of Rs.500/- with default stipulation. The Cr. Appeal preferred against the aforesaid judgment has been dismissed by learned 3 rd Addl. Sessions Judge, Dewas.

Learned counsel for the appellant submits that the applicant has been falsely implicated in this case. Learned trial Court as well as first appellate Court have not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Applicant has fair chance to succeed in this revision and if the jail sentence is not suspended, the application may be rendered infructuous. He, therefore, prays for grant of suspension and to release the applicant on bail.

On the other hand, the learned Govt. Advocate appearing for the respondent/State prays for rejection of the application.

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CRR No. 2432/2023

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the applicant.

Accordingly, I.A. No.9065/2023 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the applicant in the sum of Rs.40,000/- (Forty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the jail sentence of the applicant shall remain suspended till final disposal of this revision. The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 18.12.2023 and on all such subsequent dates, which are fixed in this behalf.

Record of court below be requisitioned and list thereafter for admission.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.06.27 18:46:40 +05'30'