Mahesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21112 MP

Madhya Pradesh High Court

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

                                                             1                              CRR-3053-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRR No. 3053 of 2024
                                          (MAHESH Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 05-08-2024
                                 Shri Harshvardhan Singh Rathore, counsel for the Petitioner .

                                 Ms. Bhagyashree Gupta appearing on behalf of Advocate General.

                                 Heard on admission.
                                 Revision is admitted for final hearing.
                               Also heard on I.A.No.10231/2024, which is I application for suspension

                           of remaining jail sentence and grant of bail on behalf to applicant Mahesh
                           arising out of judgment dated 28.05.2024 delivered in Cr.Appeal No.80/2024
                           by VII Additional Sessions Judge, Ratlam whereby the learned Judge has
                           dismissed the appeal filed by the applicant against the impugned judgment
                           dated 13.3.2024 passed by JMFC, Ratlam in RCT No. 1103413/2015
                           convicting the applicant under section 354 of IPC and sentencing him to
                           undergo 1 year RI with fine of Rs.500/- with default stipulation.
                                 Learned counsel for applicant submits that applicant has been falsely
                           implicated in the present case. He is in jail since 28.05.2024. 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


Signature Not Verified
Signed by: MUKTA
KOUSHAL
Signing time: 05-08-2024
16:42:21
                                                                 2                           CRR-3053-2024
                           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 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.10231/2024 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

3 CRR-3053-2024 MK