Lalla @ Harishchandra Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 15385 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         CRR No. 3681 of 2023
                                       (LALLA @ HARISHCHANDRA SHARMA Vs THE STATE OF MADHYA PRADESH)

                            Dated : 19-09-2023
                                  Shri Suresh Agrawal, learned counsel for the petitioner.

                                  Shri Kuldeep Singh, learned Public Prosecutor for the State.
                                  The default pointed out by the Registry be ignored.
                                  Heard on the question of admission.
                                  Being arguable, the revision is admitted for final hearing.
                                  Heard on IA No. 15367 of 2023, which is the first application under

                            Section 397(1) of CrPC for suspension of sentence and grant of bail filed on
                            behalf of revision-petitioner.
                                  This criminal revision under Section 397 read with Section 401 of CrPC
                            has been filed against the judgment and sentence dated 24.07.2023 passed by
                            Additional Sessions      Judge, Picchore District Shivpuri (M.P.) in Cr.A.
                            No.38/2019, whereby partly allowing the appeal and affirming the judgment and
                            conviction dated 22.06.2019 passed by Judicial Magistrate First Class, Picchore
                            District Shivpuri (M.P.) in Criminal RCT No.794/2014 by which the revision
                            petitioner stands convicted under Section 304-A of IPC and sentenced to

                            undergo rigorous imprisonment of two years with fine of Rs.2,000/-, under
                            Section 279 of IPC with fine of Rs.1,000/- and under Section 337 of IPC with
                            fine of Rs.1,000/- with default stipulations.
                                      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. The revision petitioner was on bail during trial and he did not misuse
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 20-09-2023
11:55:42 AM
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                            the liberty so granted to him. There is no likelihood of early hearing of revision
                            in near future. On these grounds, learned Counsel prays that execution of
                            remaining jail sentence of revision petitioner may be suspended and he may be
                            enlarged on bail.
                                    Per contra, learned Counsel for respondent/State opposes the

application and prays for rejection of 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 revision 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 for his appearance before the Registry of this Court on 21.11.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 15367 of 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: 20-09-2023 11:55:42 AM