Naresh Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 17287 MP

                                                  1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                        AT GWALIOR
                                           CRR No. 4386 of 2023
                                  (NARESH DUBEY Vs THE STATE OF MADHYA PRADESH)

              Dated : 16-10-2023
                      Mr. Pradeep Katare - Advocate for the petitioner.

                      Mr. Dheeraj Kumar Budholiya - Panel Lawyer for respondent/ State.

Record has been received.

The revision being arguable is admitted for final hearing. Heard on I.A.No.17568, application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397, 401 o f the Cr.P.C. against the impugned judgment dated 14.9.2023 in Cr.A.No. 17/2023 passed by Additional Sessions Judge, Lahar, District Bhind (M.P.) affirming the judgment of conviction and sentence dated 25.7.2023 passed in Criminal Case No. 348/2017 by Judicial Magistrate First Class, Lahar, District Bhind (M.P.) and convicting and sentencing the petitioner under Section 186 of IPC to undergo rigorous imprisonment of three months with fine of Rs.500/- with default stipulation.

Learned counsel for the petitioners argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioner. It is further submitted that earlier the petitioner was granted interim suspension of sentence, however, he did not misuse the liberty so granted, hence, he prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

Signature Not VerifiedOn the other hand, learned State counsel opposed the application and Signed by: SANJAY NAMDEORAO DURGEKAR prayed for rejection of the same.

Signing time: 17-10-2023 10:12:41 AM

Considering the facts and circumstances of the case, so also, earlier on 23.09.2023, the sentence of petitioner was temporarily suspended. Now the order of suspension is made confirmed and absolute and the sentence of petitioner shall remain suspended on the personal bond of Rs.50,000/- as already furnished by the petitioner before the trial Court.

The petitioner shall appear before the Office of this Court on 12.12.2023 and other dates as may be fixed by this Office in this regard from time to time.

List the revision for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 17-10-2023 10:12:41 AM