Govind @ Lalla Mourya vs The State Of Madhya Pradesh
2023 Latest Caselaw 7355 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                CRR No. 1796 of 2023
                                  (GOVIND @ LALLA MOURYA Vs THE STATE OF MADHYA PRADESH)

               Dated : 04-05-2023
                           Shri Kamal Singh Rajput - Advocate for the applicant.

                           Shri Ravindra Shukla - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Revision seems to be arguable hence it is admitted for final hearing. Record be called for.

Also heard on I.A. No.9202/2023, which is an application for suspension of the custodial sentence passed against the applicant- Govind @ Lalla Mourya.

The applicant has been convicted under Section 304-A of the IPC and sentenced him to undergo R.I. for one year with fine of Rs.1000/- with default stipulation.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the prosecution evidence properly, wrongly found the applicant guilty for the aforesaid offence. The applicant is in custody since the date of judgment. Hence, prayed for suspension of the jail

sentence and release of the applicant on bail, since the hearing of this revision will take time.

Learned counsel for the respondent/State opposed the prayer and submitted that the guilty of applicant is proved beyond reasonable doubt, so learned trial Court as well as appellate Court did not commit any mistake in convicting the applicant for the aforesaid offence. It is prayed that Signature Not Verified I.A.No.9202/2023 be dismissed.

Signed by: MONIKA CHOURASIA Signing time: 04-05-2023 16:21:11 Looking to the facts and circumstances of the case and the contention of

learned counsel for the applicant and the fact that the applicant is in custody since the date of judgement and according to listing policy hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence alone passed against the applicant shall remain suspended during the pendency of this revision and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount, to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 13/09/2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this revision.

List the matter for final hearing in due course. C.C. as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 04-05-2023 16:21:11