Mahesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4011 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
           CRIMINAL REVISION NO.536 OF 2023
                (Mahesh vs The State of Madhya Pradesh)


Indore, Dated 14.03.2023
     Mr. Manish Yadav, counsel for the applicant.
     Mr. Tarun Pagare, counsel for the non-applicant/State.
     Heard on the point of admission.
     The revision is admitted for final hearing.
     Records have been received.
     Also heard on IA No.1826/2023 which is first application
under Section 397 read with Section 401 of Criminal Procedure
Code, 1973, filed on behalf of sole applicant - Mahesh S/o
Omkar Singh who has been convicted by learned Second
Additional Sessions Judge, Shajapur, in Criminal Appeal No.31
of 2018 vide judgment dated 02.01.2019 and has been sentenced
him as under:
                Conviction                         Sentence
     Section & Act     Imprisonment        Fine     Imprisonment in
                                          Amount      lieu of fine
    25(1-B)(B) Arms      01 year RI        200/-      01 month RI
       Act, 1959.


       Counsel for the applicant submits that applicant has
already undergone the jail sentence of more than two and half
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    HIGH COURT OF MADHYA PRADESH AT INDORE
           CRIMINAL REVISION NO.536 OF 2023
              (Mahesh vs The State of Madhya Pradesh)


months and he was on bail during trial and has not misuse the
liberty so granted to him. There is no likelihood of early hearing
of this revision in near future. With these submissions,
suspension has been sought.
      Per contra, counsel for the non-applicant/State has
opposed the prayer and prays for its rejection.
      After hearing learned counsel for the parties and taking
into consideration the fact that the applicant has already
undergone the jail sentence of more than two and half months
and that there is no likelihood of early hearing of this revision
in near future but without expressing anything on merits of the
case, the application IA No.1826/2023 is being allowed.
      It is directed that substantive jail sentence of applicant
shall be suspended subject to his depositing the fine amount (if
not already deposited) and on furnishing a personal bond in the
sum of Rs.50,000/-(Rupees Fifty Thousand only) with one
local solvent surety of like amount to the satisfaction of trial
Court for his appearance before the Registry of this Court on
18.08.2023

and on all other subsequent dates as may be fixed by

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.536 OF 2023 (Mahesh vs The State of Madhya Pradesh)

the Registry in this behalf. Accordingly, application IA No.1826/2023 stands disposed of.

List the revision for final hearing in due course. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.03.15 11:09:54 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.536 OF 2023 (Mahesh vs The State of Madhya Pradesh)