Sukhram vs The State Of Madhya Pradesh
2023 Latest Caselaw 8128 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRR No. 2078 of 2023
                                               (SUKHRAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-05-2023
                                 Shri Vivek Singh - Advocate for the petitioner.

                                 Shri D.G. Mishra - GA for respondent/State.

Heard on IA No.7499 of 2023, which is an application for urgent hearing during vacation.

On due consideration, IA No.7499 of 2023 is allowed. Also heard on IA No.6792 of 2023, which is an application under Section

397 of Cr.P.C. on behalf of the petitioner-Sukhram for grant of bail and suspension of remaining jail sentence.

Petitioner has been convicted by the trial Court for the offence under Section 325/34 of IPC and sentenced to 1 year R.I. with fine of Rs.1500/- with usual default stipulation, but the first appellate court has modified the judgment of the trial Court and appellant has been sentenced to 6 months R.I. and fine of Rs.1500/-, with usual default stipulation.

Learned counsel for the petitioner contended that the petitioner is innocent and he has been falsely implicated in the aforesaid offence. He was

remained on bail during trial and he did not misuse the liberty given to him. There is a strong case in favour of the petitioner. He is in custody since 1.5.2023 and final conclusion of this revision will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of the petitioner.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection. Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 26-May-23 11:27:41 AM

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation and also taking note of the fact that petitioner was remained on bail during the trial and he did not misuse the liberty given to him and that final conclusion of this revision will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the petitioner.

Accordingly, IA No.6792 of 2023 is allowed and the execution of remaining jail sentence of the petitioner-Sukhram is hereby suspended till the final disposal of this Criminal Revision and it is ordered that the petitioner be released on bail on his depositing the fine amount, if not already deposited, and

upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 5.12.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

Let the record of both the courts below be requisitioned and the matter be listed immediately after receipt of record.

C.C. as per rules.

(ANIL VERMA) V. JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 26-May-23 11:27:41 AM