Indrajeet Singh Raghuwanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16494 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRR No. 2316 of 2023
                                     (INDRAJEET SINGH RAGHUWANSHI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-10-2023
                                Shri Ashish Kurmi - Advocate for applicant.

                                Shri C.M. Tiwari - Government Advocate for respondent/State.

Heard on the question of admission.

Admit.

Also heard o n I.A. No.12850/2023, this 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 23/05/2023 passed by First Additional Sessions Judge, Chhindwara in Cr.A. No. 116/2022, whereby appeal preferred by applicant against judgment dated 05/09/2022 p as s ed by Chief Judicial Magistrate, Chhindwara in Criminal Case No. 1316/2017 has been dismissed by affirming the judgment of conviction and order of sentence and the applicant has been convicted for commission of offence punishable und er Section 34(2) of M.P. Excise Act, 1915 and

sentenced to R.I. for 1 year and directed to pay fine amount of Rs.25,000/- with usual default stipulations.

Learned counsel for the applicant submitted that the applicant has been convicted for commission of offence punishable under Section 34(2) of M.P. Excise Act, 1915 and sentenced to R.I. for 1 year and the applicant is in jail since 23/05/2023 and already completed more than 4 months 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 Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 07-Oct-23 11:01:14 AM

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.

O n the other hand, learned Government Advocate 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