Ghanshyam vs The State Of Madhya Pradesh
2023 Latest Caselaw 4646 MP

                                                    1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                             CRR No. 989 of 2023
                                   (GHANSHYAM Vs THE STATE OF MADHYA PRADESH)

              Dated : 25-03-2023
                      Mr. Rakesh Yadav, brother of the petitioner, present in person.

                      Ms. Harshlata Soni - PL for respondent/State.

Record of the court below has been received. Heard on admission.

Criminal revision is admitted for final hearing. Also heard on IA No.3362 of 2023, which is an application for

dispensing with certified copy of the order dated 22.2.2023.

Original record has been received, therefore, IA No.3362 of 2023 is disposed of being rendered infructuous.

Also heard on IA No.3359 of 2023, which is an application under Section 397 of Cr.P.C. on behalf of the petitioner-Ghanshyam for grant of bail and suspension of remaining jail sentence.

Petitioner has been convicted for the offence under Section 354 and 323 of IPC and sentenced to 1 year R.I. with fine of Rs.500/- and 3 months R.I. with fine of Rs.100/-, with usual default stipulation.

It is submitted in the application that the petitioner was remained on bail during trial and he did not misuse the liberty given to him. He is in custody since 22.2.2023 i.e. from the date of judgment passed by the 2nd ASJ, Sarangpur, District Rajgarh (Biaora). There is a strong case in favour of the petitioner. Final conclusion of this revision will take a long sufficient time. Hence it is prayed Signature Notthat petitioner be released on bail and his remaining jail sentence be suspended Verified Signed by: TRILOK SINGH SAVNER till the final disposal of this revision.

Signing time: 25-Mar-23 4:48:41 PM

Per contra, learned PL for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, nature and gravity of the allegation and also taking note of the fact that petitioner was remained on bail during the trial and he did not misuse the liberty given to him and that final conclusion of this revision will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the petitioner.

Accordingly, IA No.3359 of 2023 is allowed and the execution of remaining jail sentence of the petitioner-Ghanshyam is hereby suspended till the final disposal of this revision and it is ordered that the petitioner be released on

bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 25.9.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Registry is directed to list the matter for final hearing in due course. C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 25-Mar-23 4:48:41 PM