Shubham vs The State Of Madhya Pradesh
2024 Latest Caselaw 21111 MP

Madhya Pradesh High Court

Shubham vs The State Of Madhya Pradesh on 5 August, 2024

                                                             1                             CRR-3348-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRR No. 3348 of 2024
                                               (SHUBHAM Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-08-2024
                                 Shri Vasant Zokarkar, counsel for the applicant.

                                 Ms. Bhagyashree Gupta, G.A. for State.

                                 Heard on admission.
                                 Revision is admitted for final hearing.
                                 Also heard on I.A.No.10901/2024, which is I application for suspension
                           of remaining jail sentence and grant of bail on behalf to applicant Shubham
                           arising out of judgment dated 26.06.2024 delivered in Cr.Appeal No.52/2024
                           by II Additional Sessions Judge, Ujjain whereby the learned Judge has
                           dismissed the appeal filed by the applicant against the impugned judgment
                           dated 5.02.2024 passed by JMFC, Ujjain in RCT No. 1693/2018 convicting
                           the applicant under section 14 of M.P. State Safety Act, 1990 and
                           sentencing him to undergo 2 years RI with fine of Rs.1,000/- with default
                           stipulation.
                                 Learned counsel for applicant submits that applicant has acquitted in all
                           the cases which were registered against him. He is in jail since 26.6.2024. He
                           was on bail during trial and never misused the liberty. He has fair chances of
                           success in this Revision. The Revision being of the year 2024 is likely to take
                           sufficient long time for final hearing. Hence, under such circumstances
                           prayer is made for suspension of jail sentence and grant of bail to the
                           applicant, till final disposal of this Revision.

                                     Per contra, learned Public Prosecutor, appearing on behalf of the
                           respondent/State, while supporting the judgment impugned submits that no

exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present applicant.

Heard learned counsel for the parties and perused the entire record with due care.

Considering the fact that applicant was on bail during trial and appeal

2 CRR-3348-2024 and did not misuse the liberty coupled with the fact that possibility of final hearing of this Revision in near future is bleak, without expressing any conclusive opinion on merits, I find it to be a fit case to suspend the remaining custodial sentence of the applicant.

Accordingly, I.A.No.10901/2024 is allowed. Subject to deposit of fine amount, if not already deposited the remaining jail sentence during the pendency of the Revision is hereby suspended and it is directed that applicant be released on bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 11/09/2024 and on all such subsequent dates, which are fixed in this regard.

Accordingly, the said IA is disposed off.

Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

MK