Manju Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 17839 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRR No. 4544 of 2023
                                             (MANJU CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                  Shri G.S.Baghel - Advocate for applicant.

                                  Shri D.S.Parihar - Panel Lawyer for respondent/State.

Let record of the Court below be requisitioned. Heard on the question of admission.

Admit.

Also heard on I.A. No.23395 of 2023, an application for suspension of sentence and grant of bail.

T his revision has been filed against the judgment dated 18.02.2021 passed by Sessions Judge, Umaria in Criminal Appeal No.32/2019 arising out of judgement dated 11.07.2017 passed by Judicial Magistrate First Class, Manpur District Umaria in Criminal Case No.46/17, 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 Section 457 of the IPC and sentenced him to undergo

R.I. for 6 months with fine of Rs.500/-, with default stipulation.

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 13/07/2023. Hence, prayed for suspension of the jail sentence and release of the applicant on bail, since the final hearing of this 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 Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 27-10-2023 12:08:45

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-Manju Choudhary 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

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 27-10-2023 12:08:45