Ram Gopal @ Ram Gupti vs The State Of Madhya Pradesh
2023 Latest Caselaw 16492 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRR No. 4313 of 2022
                                         (RAM GOPAL @ RAM GUPTI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-10-2023
                                Shri P.S. Tomar- Advocate for applicant.

                                Ms. Kamlesh Tamrakar - Panel Lawyer for respondent/State.

Hear d o n I.A. No.19790/2023, t h i s is the first application for suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C. moved on behalf of applicant.

T h e applicant has been convicted vide judgment dated 22/05/2019 passed by First Additional Sessions Judge, Hoshangabad in Cr.A. No. 19/2017, whereb y appeal preferred by applicant against judgment dated 25/01/2017 passed by Chief Judicial Magistrate, Hoshangabad in Criminal Case No. 1721/2016 has been partly allowed by reducing the sentence from 4 years RI to 3 years RI and the applicant has been convicted for commission of offence punishable under Section 377 of IPC and sentenced to R.I. for 3 years and to pay fine amount of Rs.1,000/- with usual default stipulations.

Learned counsel for the applicant submitted that the applicant has been

convicted for commission of offence punishable under Section under Section 377 of IPC and sentenced to R.I. for 3 years and he already completed more than 1 years custodial period. It is also submitted that there are fair chances of success of this revision petition and short sentence has been involved in the matter and if the custodial sentence of applicant has not been suspended, the revision preferred by applicant may turn infructuous, hence he has prayed for suspension of jail sentence and release of the applicant on bail till the final disposal of the revision.

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 07-Oct-23 11:01:14 AM

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant, the short sentence of the applicant and according to listing policy the hearing of this revision will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against the applicant shall remain suspended during the pendency of this revision and he be released on bail subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the

satisfaction of the trial Court for his appearance before the concerned trial Court on 18/12/2023 and on such further dates as may be fixed by trial Court in this regard during the pendency of this revision.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 07-Oct-23 11:01:14 AM