Neelam vs The State Of Madhya Pradesh
2023 Latest Caselaw 17268 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 4481 of 2023
                                                 (NEELAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                 Shri Vibhor Kumar Sahu- Advocate for the petitioner.

                                 Shri Atul Sharma- Public Prosecutor for respondent/State.

Heard on the question of admission.

Being arguable, the revision is admitted for final hearing. Heard on IA No. 17942 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 revision-petitioner.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 05.09.2023 passed by Sessions Judge, District Ashoknagar (M.P.) in Cr.A. No.76/2023, whereby partly allowing the appeal and affirming the judgment and conviction dated 26.05.2023 passed by Judicial Magistrate First Class, District Ashoknagar (M.P.) in Criminal Case No.804/2017 by which the revision petitioner stands convicted under Section 354 of IPC and sentenced to undergo rigorous imprisonment of six months' RI with fine of Rs.1000/- with default stipulations.

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 he did not misuse the liberty so granted to him. 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 and he may be Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 17-10-2023 10:13:22 AM

enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prays for rejection of suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties 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 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.17942 of 2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 17-10-2023 10:13:22 AM