Pawan Baretha vs The State Of Madhya Pradesh
2023 Latest Caselaw 16910 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 4355 of 2023
                                             (PAWAN BARETHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri Arun Kumar Paterya- Advocate for the petitioner.

                                 Shri Nirmal Sharma- Public Prosecutor for respondent/State.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IA No. 17452 of 2023, which is the first application under Section 397(1) of CrPC for suspension of sentence and grant of bail filed on

behalf of applicant.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 06.09.2023 passed by Second Additional Sessions Judge, Datia (M.P.) in Cr.A. No.31/2023, affirming the judgment and sentence dated 13.02.2023 passed by JMFC, Distt. Datia (M.P.) in Criminal Case No.116/2018 by which the petitioner has been convicted under Section 224 of IPC and sentenced to undergo six months' RI with fine of Rs. 500/- with default stipulation.

Learned Counsel for the revision petitioner submits that learned

Appellate Court did not appreciate the evidence in proper perspective. Further, the learned Appellate Court did not properly consider the contentions raised in the appeal. The revision petitioner was on bail during trial and during the hearing of appeal and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the petitioner. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of revision petitioner may be suspended Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 12-10-2023 10:04:04 AM

and he may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prayed for its rejection.

Upon hearing learned Counsel for parties, regard being had to the fact of lesser period of sentence awarded to the petitioner, but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of revision petitioner shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with

one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 01/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 17452/2023 stands allowed and disposed of. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 12-10-2023 10:04:04 AM