Banti Kumar Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9775 MP

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         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         WP No. 13774 of 2023
        (BANTI KUMAR JATAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 28-06-2023
      Shri Ravindra Sarvate, learned counsel for the petitioner.

      Shri Maan Singh Jadon, Govt. Advocate for respondent/State.

The present petition is preferred under Section 33(6) of the Gram Nyayalaya, Act 2008 against the judgment dated 20.04.2023 passed by First Additional Sessions Judge, District Morena, whereby the appeal preferred by petitioner was partly allowed and sentence has been reduced

from one year to three months rigorous imprisonment.

Heard on I.A. No.4792/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of petitioner.

It is submission of learned counsel for petitioner that out of three months of jail sentence awarded by the first appellate court he already suffered two months 8 days of incarceration and only 22 days are left to serve jail sentence. Case pertains to offence under Sections 279, 337 and 338 of IPC and petitioner is an Auto Driver. Fine amount has already been deposited. He undertakes to abide by the terms and conditions as imposed

by this Court, therefore, bail / suspension may be granted to the petitioner.

Learned Govt. Advocate for respondent/State opposed the prayer and prayed for dismissal.

Heard the counsel for the parties at length and considered the arguments advanced by them.

Considering the submissions and the arguments advanced by

counsel for the parties, but without expressing any opinion on merits of the case, sentence of the petitioner u/s 338 of IPC to undergo 3-3 months RI with a fine of Rs.3000-3000/- with default stipulation, is suspended. Petitioner shall be released on bail on his furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Gram Nayalaya or concerned court and upon such conditions as imposed by it for his appearance before the Principal Registrar of this Court on 25/09/2023 and thereafter on such further dates as may be fixed by the registry in that regard.

Accordingly, I.A.stands allowed and disposed of.

Let record of the Courts below be requisitioned and thereafter matter be placed for hearing finally at motion stage on 18.07.2023.

C.C. as per rules.

(ANAND PATHAK) JUDGE

Van

VANDANA VERMA 2023.06.28 18:26:15 -07'00'