Manish Jagtani vs State Of Madhya Pradesh
2023 Latest Caselaw 7894 MP

                                                   1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                        AT JABALPUR
                                       CRR No. 2019 of 2023
                               (MANISH JAGTANI Vs STATE OF MADHYA PRADESH)

 Dated : 12-05-2023
          Shri M.K. Tripathi - Advocate for the applicant.

          Shri Vinod Tiwari - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.10285/2023 for suspension of sentence and grant of bail.

This revision has been filed against the judgment dated 03.05.2023 passed by Sessions Judge Burhanpur, District Burhanpur in Criminal Appeal No.77/2022 arising out of judgement dated 20.07.2022 passed in Criminal Trial No.642/2016 passed by Judicial Magistrate Burhanpur whereby learned appellate Court below dismissed the appeal filed by the appellant and affirmed the order passed by the trial Court wherein the trial Court found the appellant guilty for the offence punishable under Sections 354(gha) and 323(two counts) of IPC and sentenced him to undergo R.I. for 1 year with fine of Rs.500/- and R.I. for 6 months with fine of Rs.500/- (two counts) respectively with default stipulation.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the complainant's evidence wrongly found the applicant guilty for the aforesaid offence. The applicant has already deposited the fine amount. The applicant has been in custody. Hence, prayed for suspension of the jail sentence and release of the applicant on bail, since the final hearing of this revision will take time.

Signature Not Verified Learned counsel for the respondent submitted that he has no objection in allowing Signed by: ASHISH KOSHTA Signing time: 12-05-2023 the aforesaid prayer.

15:47:33

Looking to the facts and circumstances of the case, contention of learned counsel for the respondent and the fact that applicant is in judicial custody and according to listing policy the hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence 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 trial Court concerned on 06.10.2023 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

Record be called for.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 12-05-2023 15:47:33