Lavkush @ Rinku vs The State Of Madhya Pradesh
2023 Latest Caselaw 7797 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRR No. 1026 of 2023
                                             (LAVKUSH @ RINKU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-05-2023
                                  Shri     Abhishek     Singh        Bhadouriya-      Advocate    for    the

                           petitioner/revisionist.
                                  Shri R.S. Kushwaha- Deputy Advocate General for respondent/State.

Heard o n I.A. No. 4678/2023, which is the first application under Section 397(1) of the Cr.P.C. for suspension of jail sentence of the petitioner herein.

The present petition has been preferred under Sections 397 and 401 of C rP C taking exception to the judgment dated 28.02.2023 passed by First Additional Sessions Judge, Sheopur as well as judgment dated 28.06.2022 passed by JMFC, Sheopur. Both the judgments convicted the petitioner for offence under Section 354 of IPC and sentenced for one year R.I. with fine of Rs.2000/- with default stipulation.

It is the submission of learned counsel for the petitioner that trial Court erred in convicting the petitioner and awarding the jail sentence without appreciating the evidence and materials available on record. Fine amount has

already been deposited. Petitioner has already suffered one year and two months of incarceration. Now, he learnt the lesson hard way and would mend his ways. Hearing of appeal shall take some time. He has good case on merits. He undertakes to abide by the terms and conditions as imposed by this Court. He further undertakes that he shall not be a source of embarrassment and harassment to the complainant party in any manner. Therefore, bail / suspension may be granted to the petitioner.

Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 5/12/2023 11:41:53 AM

Learned Public Prosecutor for respondent/State opposed the prayer and prayed for dismissal.

Heard the counsel for the parties at length and considered the arguments advanced by them.

Considering the overall facts and circumstance of the case as well as arguments advanced by counsel for the parties, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, hence, I.A. No.4678/2023 is allowed subject to deposit of fine amount and it is ordered that on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) by petitioner with one solvent

surety of the like amount to the satisfaction of the concerned trial Court, petitioner jail sentence shall remain suspended till disposal of this appeal and he be released on bail. The petitioner is further directed to remain present before the Registry of this Court on 27.07.2023 and, thereafter, on such subsequent dates as may be fixed by the Registry.

List the case for final hearing in due course. Certified copy as per rules/directions.

(ANAND PATHAK) JUDGE

shivani

Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 5/12/2023 11:41:53 AM