Madhya Pradesh High Court
Chandra @ Chandra Prakash Trivedi vs The State Of Madhya Pradesh on 30 October, 2023
Author: Roopesh Chandra Varshney
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4367 of 2023
(CHANDRA @ CHANDRA PRAKASH TRIVEDI Vs THE STATE OF MADHYA PRADESH)
Dated : 30-10-2023
Shri Sharad Verma - Advocate for applicant.
Shri Aditya Choubey - Government Advocate for State.
Heard on the question of admission.
Revision is admitted for final hearing.
Also heard on I.A. No.22641/2023, which is the first application for
suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on
behalf of applicant.
T h e applicant has been convicted vide judgment dated 14.09.2023
passed by Additional Sessions Judge, Lovekush Nagar, District Chhatarpur in
Cr.A. No. 411/2017 and 415/2017, whereby appeal preferred by applicant
against judgment dated 13.11.2017 passed by Judicial Magistrate First Class,
Lovekushnagar in Criminal Case No.703/2011 got allowed and applicant has
been found guilty for commission of offence punishable under Sections
325/34 of IPC and sentenced to undergo RI for 6 months and to pay fine
amount of Rs.2000/- for each offence respectively with usual default
stipulations.
Learned counsel for the applicant submits that the trial Court as well as
appellate Court have not properly appreciated the evidence in its proper
perspective and committed grave error in convicting the applicant for aforesaid
offence. There are fair chances of success of this revision and final hearing of
same will take considerable time, therefore, if remaining custodial sentence has
not been suspended, then the revision filed by applicant may turn infructuous.
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 31-Oct-23
10:20:29 AM
Under these circumstances, learned counsel for applicant prays for suspension
of jail sentence and release of the applicant on bail till the final disposal of the
revision.
On the other hand, learned counsel for State has opposed the contention
rais ed by learned counsel for applicant and prays for rejection of said
application.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicant coupled with the fact that short sentence of 6 months
RI has been awarded to the applicant and according to listing policy the hearing
of this revision will take time, the application is allowed and it is directed that the
execution of the remaining jail sentence passed against applicant shall remain
suspended during the pendency of this revision and he be released on bail
subject to depositing entire fine amount, if already not deposited and upon his
furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only)
with one surety in like amount to the satisfaction of the trial Court for his
appearance before the trial Court on 22/12/2023 and on such further dates as
may be fixed by trial Court it in this regard during the pendency of this revision.
List the revision for final hearing in due course.
Certified copy as per rules
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 31-Oct-23
10:20:29 AM
