Upendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17723 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRR No. 4750 of 2023
                  (UPENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 25-10-2023
       Shri Ram Kishore Sharma - Advocate for the petitioner.

       Shri Anil Shukla - Public Prosecutor for the respondent-State.

Heard on I.A.No.18806 of 2023, first application under Section 397(1) of Cr.P.C. moved on behalf of petitioner for suspension of sentence and grant of bail.

The petitioner stood acquitted from the charges under Section 3/181, 56/196, 130/177 and 66/192 (a) of the Motor Vehicles Act vide judgment dated 05-01-2023 passed by Judicial Magistrate First Class, Bhind in Criminal Case No.360/2018. Against acquittal of the petitioner, State has filed Criminal Appeal No.55/2023, which was allowed and order of acquittal was reversed and petitioner stands convicted under section 379 of IPC and sentenced to undergo 02 years' RI with fine of Rs.10,000/-, Section 181 of Motor Vehicle Act and sentenced to undergo 01 month's RI with fine of Rs.3,000/-, Section 196 of Motor Vehicle Act, and sentenced to undergo 01 month's RI with fine of

Rs.2,000/-and Section 192(a) of Motor Vehicle Act and sentenced to undergo 02 months' RI with fine of Rs.10,000/- with default stipulations respectively vide judgment dated 04-10-2023 by Seventh Additional Sessions Judge, Bhind, District-Bhind.

Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed the crime as alleged. Petitioner has been rightly acquitted by the JMFC, Bhind and the appellate Court has not properly appreciated the evidence and committed error in convicting the petitioner as

aforesaid. It is further submitted that petitioner so far has undergone around 04 months' incarceration out of maximum 02 years sentence. Revision is of the year 2023 and final hearing will take time. Under such circumstances, prayer is made for extending the benefit of suspension of sentence and grant of bail to the present petitioner on such terms and conditions as this Court deems fit and proper.

Per contra, learned Public Prosecutor for the respondent- State opposed the application and prayed for its rejection.

Upon hearing learned counsel for the parties, but without commenting upon rival contentions touching merits of the case, regard being had to the fact

that petitioner has suffered around 04 months' incarceration, disposal of revision will take time, I.A.No.18806 of 2023 is allowed. It is directed that the jail sentence of the petitioner shall remain suspended and he be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to deposit of the fine amount, (if not already deposited). The petitioner is directed to appear before the Registry of this Court first on 20-12- 2023 and on other dates as may be fixed in this behalf by the Registry till final disposal of the present revision.

Accordingly, I.A.No.18806 of 2023 stands disposed of.

(ROHIT ARYA) JUDGE

vc VARSHA CHATURVEDI 2023.10.26 12:29:03 +05'30'