Citation : 2023 Latest Caselaw 8080 MP
Judgement Date : 18 May, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 1921 of 2023 (SONU Vs THE STATE OF MADHYA PRADESH)
Dated : 18-05-2023 Shri Ajay Singh - Advocate for the petitioner.
Shri A.P.S.Tomar - Government Advocate for the State.
Heard on I.A.No.7958/2023, first application u/Sec. 397 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of petitioner.
T h is criminal revision has been filed against the judgment dated
21.03.2023 passed by Sessions Judge, District Ashoknagar in Criminal Appeal No.01/2023 affirming the judgment dated 05.12.2022 passed by JMFC, District- Ashoknagar in RCT No.1445/2016, whereby the petitioner has been convicted under Sections 279, 337 and 338 of IPC and Section 3/181 of Motor Vehicle Act with fine of Rs.500/-, 500/-, 500/- and 500/- respectively and sentenced to undergo with maximum RI of six months, with default stipulation.
As per prosecution story, while complainant Mranal Chaturvedi Bhawna Chaturvedi was locking his helmet standing near Bamuriya bus stand, petitioner was riding the vehicle in a rash an negligent manner to hit his motorcycle to the
complainant party, as a result wife of complainant Bhawna Chaturvedi sustained injuries.
Learned counsel for the petitioner submits that the jail sentence of the petitioner has been suspended by the trial Court. The petitioner was on bail during trial and he has not misused the liberty granted to him. Hence, counsel for the petitioner prays for suspension of sentence and grant of bail to the petitioner.
Learned Public Prosecutor for the State opposed the prayer and prayed Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM
for dismissal of this application.
Considering the overall facts and circumstances of the case, I.A.No.7958/2023 is allowed and it is directed that the jail sentence of the petitioner shall remain under suspension, on the petitioner's furnishing bail bond o f Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28.08.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.
I t is made clear that if the petitioner is found indulged in any criminal activities in future, then State is set at liberty to move an
appropriate application for cancellation of bail of the petitioner.
Certified copy as per rules.
(MILIND RAMESH PHADKE) V. JUDGE
Vijay
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM
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