Abhishek Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17223 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRR No. 3092 of 2023
                                            (ABHISHEK SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-10-2023
                                Shri Gaurav Singh Chandel - Advocate for the applicants.

                                Shri Devendra Shukla - Panel lawyer for the respondent/State.

Heard on admission.

This revision being arguable is admitted for final hearing. Also heard on I.A. No.16906/2023, which is first application filed

under Section 397 (1) of Cr.P.C. on behalf of the applicant for suspension of sentence.

T h e applicants has been convicted for an offence punishable under Sections 323 of IPC and sentenced to undergo RI for 6 months and fine of Rs.1,000/- and under Section 325 of IPC and sentenced to undergo RI for 1 year with and fine of Rs.1,000/- with default stipulations.

Learned counsel for the applicant has submitted that the applicants are innocent and have falsely been implicated in this case. The maximum jail sentence awarded to the applicant is of one year. He further submits that the

trial Court has not properly appreciated the oral and documentary evidence available on record. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released.

Learned counsel appearing for the respondent has opposed the prayer for suspension of sentence and prays for its rejection.

Heard learned counsel for both the parties and perused the record. Having heard the arguments and on perusal of the record, this Court is of Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 17-Oct-23 1:13:45 PM

the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and the applicant shall be released on bail for securing his presence before the trial Court concerned on 01.12.2023 and on such other dates as

may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 17-Oct-23 1:13:45 PM