Kapil Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 7267 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1817 of 2023 (KAPIL VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 03-05-2023 Shri Sanjay Agrawal - Senior Counsel along with Pramod Sahu -

Advocate for the applicant.

Shri C.K. Mishra - Government Advocate for the State.

Let record of the courts below be requisitioned. Considered I.A.No.9303 of 2023, which is an application for suspension

of sentence and grant of bail on behalf of the applicant-Kapil Vishwakarma.

The Court below vide impugned judgment convicted the applicant for offences under sections 279, 337 and 304-A of the Indian Penal Code and sentenced to undergo RI for 6 months, RI for 6 months and RI for 2 years, respectively with default stipulations.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The courts below have not properly appreciated the oral and documentary evidence available on record. The applicant is in custody since dated of the impugned judgment. Hence,

prayer has been made to suspend the jail sentence of the applicant.

Learned Government Advocate has opposed the prayer for suspension of sentence and grant of bail.

Although record is not available, considering the over all facts and circumstances of the case, the maximum sentence awarded is 2 years, disposal of this revision would take considerable time, and looking to the nature of Signature Not Verified SAN

offence, without commenting on merits of the case, the application is allowed. Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:53:37 IST I t is directed that subject to depositing of fine amount, if not already

deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining sentence of applicant- Kapil Vishwakarma shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 04.10.2023 and on such other dates as may be fixed in this regard during pendency of this case.

I.A.No.9303 of 2023 is allowed.

List this case for orders on admission after summer vacation

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:53:37 IST