Komal Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16624 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3720 of 2023 (KOMAL LODHI Vs THE STATE OF MADHYA PRADESH)

Dated : 09-10-2023 Shri N.G. Goswami - Advocate for applicant.

Shri D.P. Patel - Dy. Government Advocate for State.

Heard on admission.

Admit.

Also heard on I.A. No.19866 of 2023 for suspension of sentence and

grant of bail.

T his revision has been filed against the judgment dated 07.08.2023 passed by Sessions Judge, Sehore, District Sehore in Criminal Appeal No.32/2023 arising out of judgement dated 30.01.2023 passed in RCT No.13/2020 passed by Judicial Magistrate First Class, District- Sehore whereby learned appellate Court below dismissed the appeal filed by the appellant and affirmed the order passed by the trial Court wherein the trial Court found the appellant guilty for the offence punishable under Section 354 of IPC and sentenced him to undergo R.I. for 6 months along with fine of Rs.5000/- with

default stipulation.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the complainant's evidence wrongly found the applicant guilty for the aforesaid offence. The applicant was on bail during trial and he never misused the liberty during trial. Hence, prayed for suspension of the jail sentence and release of the applicant on bail, since the final hearing of this revision will take time.

P e r contra, learned counsel for State while opposing the prayer, Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 10-Oct-23 10:07:32 AM

supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel for the State and the fact that this revision of the year 2023 and hearing of this revision will take time, the application i.e. IA No.19866 of 2023 is allowed. It is, therefore, directed that execution of the jail sentence passed against applicant Komal Lodhi shall remain suspended during the pendency of this revision and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty 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 20.12.2023 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 DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 10-Oct-23 10:07:32 AM