Citation : 2023 Latest Caselaw 19206 MP
Judgement Date : 20 November, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 4709 of 2023 (GOVIN SEN Vs THE STATE OF MADHYA PRADESH)
Dated : 20-11-2023 Shri Sanjay Ram Tamrakar - Advocate for applicant.
Ms. Priti Singh - Panel Lawyer for the State.
Record of the Courts below has been received. Heard on the question of admission.
This revision is admitted for final hearing.
Also heard o n I.A. No.24003/2023, which is an application filed on behalf of the applicant for suspension of sentence and grant of bail.
The applicant has been convicted by the trial Court under Section 325 and sentenced to undergo R.I. for 01 year with fine of Rs.500/-, with default stipulation.
Learned counsel for the applicant has submitted that the both the Courts b elo w have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicants for the aforesaid offence. The maximum sentence awarded to the applicant is one year.
The applicant is in custody and disposal of this case would take considerable time, therefore, custodial sentence of the applicants may be suspended and they may be released on bail.
Learned counsel for the State has opposed the application. Having considered the submissions and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this Signature Not Verified Signed by: NITESH PANDEY Signing time: 11/21/2023 2:39:05 PM
application is allowed.
I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 23.01.2024 and on such other dates as may be fixed in this regard during pendency of this revision, without fail.
List for final hearing in due course.
(ANURADHA SHUKLA) JUDGE
NP
Signature Not Verified Signed by: NITESH PANDEY Signing time: 11/21/2023 2:39:05 PM
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