Vishnu vs The State Of Madhya Pradesh
2023 Latest Caselaw 18969 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRR No. 5220 of 2023
                                                  (VISHNU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-11-2023
                                  Shri Rishiraj Trivedi - Advocate for applicant.

                                  Shri Kapil Mahant - Panel Lawyer for State.
                                  Heard on I.A.No. 16894/2023, which is first application under Section
                           397(1) & 389 of Cr.P.C. for grant of bail and suspension of remaining jail
                           sentence.
                                  The applicant has been convicted under Sections 279, 337 and 304-A of

                           IPC and has been sentenced to undergo 3 months RI, 3 months RI and 1 year
                           RI with fine of Rs.500, 500/- and Rs. 1,000/- respectively with usual default
                           stipulation.
                                  Learned counsel for the applicant submit that applicant is an innocent
                           person and he has been falsely implicated in this matter. He submits that
                           applicant was taken into custody after passing the judgment dated 19.10.2023
                           by Sessions Judge Mandleshwar. During the trial applicant remained on bail and
                           he has not misused the liberty granted to him. Looking to old pendency of the
                           cases for consideration, final conclusion of this revision would take sufficient

                           long time. There is a strong case in favour of the applicant. Hence, the
                           execution of the remaining part of the jail sentence of the applicant be
                           suspended till the final disposal of this revision.
                                  Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the applicant and also taking note of the fact that Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 08-11-2023 17:31:41

applicant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the revision will also take sufficient long time, I find it is to be a fit case to suspend the remaining custodial sentence of the applicant.

Accordingly, I.A.No. 16894/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the applicant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the applicant shall remain suspended, till final disposal of this revision.

The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 24.1.2024 and on all such subsequent dates, which are fixed in this behalf.

Let record of the Courts below be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 08-11-2023 17:31:41