Citation : 2023 Latest Caselaw 7345 MP
Judgement Date : 4 May, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 593 of 2023 (ROOP SINGH PATEAL Vs THE STATE OF MADHYA PRADESH)
Dated : 04-05-2023 Shri Ashish Tiwari - Advocate for the applicant.
Shri C.K. Mishra - Government Advocate for the State.
Heard on admission.
Admit.
Considered I.A.No.3223 of 2023, which is an application for suspension
of sentence and grant of bail on behalf of the applicant-Roop Singh Patel.
The Court below vide impugned judgment convicted the applicant for offences under section 379 of the Indian Penal Code and sentenced to undergo RI for 6 months with fine of Rs.500/-, 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 31.01.2023. 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.
Considering the over all facts and circumstances of the case, the maximum sentence awarded is 6 months, disposal of this revision would take considerable time, and looking to the nature of offence, without commenting on merits of the case, the application is allowed. Signature Not Verified SAN
I t is directed that subject to depositing of fine amount, if not already Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.05.04 15:41:46 IST deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees
Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining sentence of applicant- Roop Singh Patel shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 05.10.2023 and on such other dates as may be fixed in this regard during pendency of this case.
I.A.No.3223 of 2023 is allowed.
List this case for final hearing in due course.
SMT. ANJULI PALO) JUDGE
anu
Signature Not Verified SAN
Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.05.04 15:41:46 IST
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