Madhya Pradesh High Court
Akash Bawariya vs The State Of Madhya Pradesh on 17 October, 2023
Author: Roopesh Chandra Varshney
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3251 of 2023
(AKASH BAWARIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 17-10-2023
Shri Narayan Prasad Dubey - Advocate for applicant.
Shri Dilip Shrivastava - Government Advocate for State.
Heard on the question of admission.
Admit.
Also heard on I.A. No.23992 of 2023, an application for suspension of
sentence and grant of bail.
Earlier application filed by applicant for suspension of sentence and grant
of bail was dismissed as withdrawn vide order dated 21/09/2023.
T his revision has been filed against the judgment dated 04/07/2023
passed by 24th Additional Sessions Judge, Jabalpur in Criminal Appeal
No.60/2023 arising out of judgement dated 03/02/2023 passed by Judicial
Magistrate First Class, Jabalpur in RCT No.4207814/2012, whereby learned
appellate Court dismissed the appeal filed by the applicant and affirmed the
order passed by the trial Court wherein the trial Court found the appellant guilty
for the offence punishable under Sections 457, 380 of the IPC and sentenced
him to undergo R.I. for 2 year with fine of Rs.1,000/- and R.I. for two years
with fine of Rs.1,000/- respectively with default stipulations.
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 is in custody
since the date of judgment i.e. 04/07/2023. Hence, prayed for suspension of the
jail sentence and release of the applicant on bail, since the final hearing of this
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 18-10-2023
10:25:07
revision will take time.
P e r contra, learned counsel for State while opposing the prayer,
supported the judgment impugned. He contends that judgment impugned is
passed upon proper evaluation of evidence placed on record, so the sentence
of the applicant should not be suspended.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicant, short sentence awarded to the applicant and the fact
that applicant is in judicial custody, this revision of the year 2023 and hearing of
this revision will take time, the application is allowed. It is, therefore, directed
that execution of the jail sentence passed against applicant Akash Bawariya
shall remain suspended during the pendency of this revision and he be released
on bail upon depositing fine amount, if not already deposited and on 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
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 18-10-2023
10:25:07
