Madhya Pradesh High Court
Mukesh Awasthi vs The State Of Madhya Pradesh on 5 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4539 of 2023
(MUKESH AWASTHI Vs THE STATE OF MADHYA PRADESH)
Dated : 05-10-2023
Shri Anoop Kumar Saxena - Advocate for the applicant.
Shri Dinesh Patel - Dy. Government Advocate for the respondent/State.
Heard on admission.
Admit.
Let record of the Courts below be requisitioned.
Als o heard on I.A. No.23367/2023, which is the first application
application under Section 397(1) of the Cr.P.C. filed on behalf of sole
application for suspension of sentence and grant of bail.
T his revision has been filed against the judgment dated 20/09/2023
passed by III Additional Sessions Judge, Chhatarpur (M.P.) in Criminal Appeal
No.37/2022, whereby learned Sessions Judge affirmed the judgement of
conviction dated 16/03/2022 passed by Judicial Magistrate, First Class,
Rajnagar, District Chhatarpur in RCT No.100329/2017 whereby learned JMFC
found the applicant guilty for the offence punishable under Section 354 of the
IPC and convicted and sentenced him to undergo R.I. for one year with fine of
Rs.1,000/- with default stipulations.
Learned counsel for the applicant submitted that learned trial Court as
well as appellate Court without appreciating the evidence wrongly found the
applicant guilty for the aforesaid offence. The applicant was on bail during trial
and he never misused the liberty granted to him. The applicant has been in
custody since 20/09/2023. Hence, prayed for suspension of the jail sentence
and release of the applicant on bail, since the final hearing of this revision will
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 05-10-2023
17:06:06
take time.
Per contra, learned Dy. Government Advocate opposed the prayer and
submitted that the guilty of applicant is proved beyond reasonable doubt, so
learned trial Court as well as Appellate Court did not commit any mistake in
convicting the applicant for the aforesaid offences. It is prayed that application
for suspension of sentence and grant of bail be rejected.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicant and the fact that applicant is in judicial custody since
20/09/2023 and according to listing policy the hearing of this revision will take
time, the application is allowed. It is, therefore, directed that execution of the jail
sentence passed against the applicant shall remain suspended during the
pendency of this revision and he be released on bail upon furnishing solvent
surety in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one
surety in the like amount to the satisfaction of the trial Court for his appearance
before the trial Court concerned on 18/12/2023, subject to verification of
factum regarding deposit of fine amount. The applicant is directed to appear
before the trial Court concerned on 18/12/2023 and on such further dates as
may be fixed by it in this regard during the pendency of this revision.
List the case for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 05-10-2023
17:06:06
