Citation : 2023 Latest Caselaw 18053 MP
Judgement Date : 30 October, 2023
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 4840 of 2023
(SONU YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 30-10-2023
Shri Rajendra Singh Yadav, learned counsel for the petitioner.
Shri Nitin Goyal, learned Panel Lawyer for the State.
Heard on admission.
Being arguable, this revision is admitted for final hearing.
Heard on IA No. 19194 of 2023, which is the application under Section
397(1) of CrPC for suspension of sentence and grant of bail filed on behalf of
petitioner.
This criminal revision under Section 397 read with Section 401 of CrPC
has been filed against the judgment and sentence dated 06.10.2023 passed by
Seventh Additional Sessions Judge, Bhind District Bhind (M.P.) in Cr.A.
No.103/2022, affirming the judgment and sentence dated 22.07.2022 passed by
JMFC, Bhind, District Bhind (M.P.) in Criminal Case No.31/2017, by which the
petitioner has been convicted under Section 324 of IPC and sentenced to
undergo rigorous imprisonment of three months with fine of Rs.500/- and
under Section 509 of IPC and sentenced to undergo rigorous imprisonment of
three months with fine of Rs.500/-, with default stipulation.
Learned Counsel for the revision petitioner submits that learned
Appellate Court did not appreciate the evidence in proper perspective. Further,
the learned Appellate Court did not properly consider the contentions raised in
the appeal. Fine amount has already been deposited by the petitioner. There is
n o likelihood of early hearing of revision in near future. On these grounds,
learned Counsel prays that execution of remaining jail sentence of revision
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 31-10-2023
10:13:46 AM
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petitioner may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent/State opposes the
application for suspension of sentence and grant of bail.
Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of petitioner shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to
deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 04/12/2023 and on further dates as may be directed by the Registry in that regard.
Accordingly, I.A. No. 19194/2023 stands allowed and disposed of. List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR) JUDGE
Vijay
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 31-10-2023 10:13:46 AM
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