Atmaram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18155 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRR No. 4227 of 2023
                                              (ATMARAM SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                  Shri R.D. Singh - Advocate for applicant.

                                  Shri D.K. Shrivastava - Government Advocate for respondent/State.

Heard on the question of admission.

Revision is admitted for hearing.

Also heard o n I.A. No.22106/2023, this is the first application for

suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C. on behalf of applicant -Atmaram Singh.

T h e applicant has been convicted vide judgment dated 06/09/2023 passed by Additional Sessions Judge, Lavkushnagar, District Chattarpur in Criminal Appeal No.257/2017, whereby the appeal preferred by applicant against judgment dated 25/07/2017 passed by Judicial Magistrate First Class, Lavkushnagar, District Chhatarpur in Criminal Case No. 57/2016 got dismissed by affirming the judgment passed by trial Court and applicant has been found guilty for commission of offence punishable under Section 354 of IPC and

sentenced to undergo RI for 1 year and to pay fine of Rs.3,000/- with usual default stipulations.

Learned counsel for the applicant submits that the appellate court as well a s trial Court have not properly appreciated the evidence in its proper perspective and committed grave error in convicting the applicant for aforesaid offence. There is short sentence of one year RI involved in the matter. 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 Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:13:45 PM

suspended, then the revision filed by applicant may turn infructuous. 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 Government Advocate opposed the contentions raised by learned counsel for applicant and prays for rejection of application.

Looking to the aforesaid facts and circumstances of the case, contention of learned counsel for the applicant coupled with the fact that short sentence of one year RI involved in the present matter 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 -Atmaram Singh 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

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:13:45 PM