Kishor Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 8092 MP

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.1595 OF 2023 (Kishor Soni vs The State of Madhya Pradesh)

Indore, Dated 18.05.2023 Mr. Manish Yadav, counsel for the applicant. Mr. Sudarshan Joshi, counsel for the non-applicant/State. Heard on the point of admission.

The revision is admitted for final hearing. Record has been received.

Also heard on IA No.5394/2023 which is first application under Section 397 read with section 401 of Criminal Procedure Code, 1973, for suspension of jail sentence of applicant - Kishor Soni S/o Shri Dhaya Shankar Soni who has been convicted by the Court of Session Judge, Shajapur in Session Trial No.42/2021 vide judgment dated 08.04.2023 and has been sentenced him as under:

              Conviction                          Sentence
     Section & Act    Imprisonment        Fine     Imprisonment in
                                         Amount      lieu of fine
        354 IPC        01 year RI        1000/-       01 Month RI
      354 (D) IPC      06 month RI       1000/-       01 Month RI

Counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the aforesaid

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.1595 OF 2023 (Kishor Soni vs The State of Madhya Pradesh)

offence. He further submits that learned trial Court had suspended the sentence but in the appellate Court the appeal of the appellant has been dismissed on 08.04.2023 and he is in custody. The final hearing of this revision may take long time. Hence prays for suspension of jail sentence of applicant.

Counsel for the State opposes the prayer for grant of bail. Considering the short term jail sentence of the applicant coupled with the fact that final hearing of this revision may take long time, hence it would be appropriate to suspend the jail sentence of the applicant. Accordingly, application IA No.5394/2023 is allowed.

It is directed that substantive jail sentence of applicant- Kishor Soni S/o Shri Dhaya Shankar Soni shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 25.08.2023 and on all other subsequent dates as may be fixed by the Registry in

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.1595 OF 2023 (Kishor Soni vs The State of Madhya Pradesh)

this behalf. Accordingly, application IA No.5394/2023 stands disposed of.

List the revision for final hearing in due course. Certified copy as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2023.05.19 08:24:15 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.1595 OF 2023 (Kishor Soni vs The State of Madhya Pradesh)