Manohar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8064 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                        CRR No. 2105 of 2023
                                                  (MANOHAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 15-05-2023
                                Shri Rishiraj Trivedi, learned counsel for the Petitioner .

                                Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Ms. Anushka Jain, learned counsel appearing on behalf of Shri A.S. Parihar, learned counsel for the victim.

Heard on I.A. No.7107/2023, which is an application for hearing during

summer vacation.

On due consideration I.A. No.7107/2023 is allowed. Also heard on I.A. No.6908/2023, an application under Section 397 (1) of Cr.P.C for suspension of sentence and grant of bail filed on behalf of the applicant.

This criminal revision is directed against the judgment dated 06.05.2023 passed by the Additional Session Judge, Garoth, District Mandsaur (M.P.) in Cr.A.No.03/2021, whereby the judgment of conviction and order of sentence dated 09.01.2021 passed by Judicial Magistrate First Class, Garoth, District

Mandsaur (M.P.) in Criminal Case No.698/2014 has been confirmed. Consequently, the applicant stands convicted under Sections 354 of IPC and sentenced to undergo 2 years R.I. with fine of Rs.1000/- with default stipulations.

As per prosecution story, on 01.06.2014 the prosecturix lodged a complaint that when she along with her husband was returning back to her house, in between her husband halted for attending the call of nature and the prosecutrix continued walking. At this time, the applicant came from behind Signature Not Verified Signed by: SUMATHI Signing time:

5/15/2023 6:43:58 PM

and caught hold of her hand with foul intention. On the basis of which police registered crime against the applicant.

Learned counsel for the applicant submits that present applicant has surrendered before the trial Court and he has wrongly been convicted. Learned Courts below have erred in appreciating the evidence on record. The applicant is permanent resident of District Mandsaur. There are fair chances of success of this revision. The revision may take long time for its conclusion and the applicant cannot be kept in custody for an unlimited period. Looking to the sentence of the applicant, if execution of jail sentence of the applicant is not suspended, then this revision will turn infructuous. Under these circumstances,

it is prayed that the execution of sentence be suspended and the applicant may be released on bail.

On the other hand, learned Panel Lawyer opposed the prayer. Learned counsel for the prosecutrix submitted that the prosecutrix has no objection if the sentence of the appellant is suspended and he is enlarged on bail. It is further submitted that an interlocutory application has been filed in this regard.

Keeping in view the facts and circumstances of the case, I.A. No.6908/2023 is allowed.

It is, therefore, directed that if applicant - Manohar deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum o f Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry

of this Court on 7 t h August, 2023 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain

Signature Not Verified Signed by: SUMATHI Signing time:

5/15/2023 6:43:58 PM

suspended till further orders and he shall be released on bail.

In view of aforesaid, I.A.Nos.7107/2023, 6908/2023 and 7183/2023 are disposed off.

Certified copy as per rules.

(S. A. DHARMADHIKARI) V. JUDGE

sumathi

Signature Not Verified Signed by: SUMATHI Signing time:

5/15/2023 6:43:58 PM