Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16497 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRR No. 1885 of 2023
                                               (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-10-2023
                                Shri Nitin Shukla - Advocate for applicant.

                                Shri D.K. Shrivastava- Government Advocate for respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard o n I.A. No.10449/2023, t h is is 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 16/03/2023 passed by Second Additional Sessions Judge, Waraseoni, District Balaghat in Cr.A. No.54/2017, whereby appeal preferred by applicant against judgment dated 02/08/20170 passed by Judicial Magistrate First Class, Waraseoni, District Balaghat in RCT No. 101824/2013 has been partly allowed and acquitted the applicant for commission of offence punishable under Section 457 and 506 (II) of IPC and convicted him for commission of offence punishable

under Sections 354 and 451 of IPC and sentenced him to undergo R.I. for 2 years and 6 months respectively and to pay fine amount of Rs.500/- and Rs.1000/- for each offence with usual default stipulations.

Learned counsel for the applicant submitted that the applicant has been convicted for commission of offence punishableunder Sections 354 and 451 of IPC and sentenced him to undergo R.I. for 2 years and 6 months respectively and he has already completed more than 7 months of custodial period. It is also submitted that there are fair chances of success of this revision petition and Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 07-Oct-23 11:01:14 AM

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.

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.

(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