Bodhan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21142 MP

Madhya Pradesh High Court

Bodhan Singh vs The State Of Madhya Pradesh on 5 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1                               CRR-3098-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRR No. 3098 of 2024

(BODHAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 05-08-2024 Shri Sourabh Singh Thakur - Advocate for applicant. Ms. Hemlata Kshatriya - Panel Lawyer for State.

Records of the Courts below have been received. Heard on admission.

This revision being arguable is admitted for final hearing.

Also heard on I.A. No.15742/2024 which is the first application for suspension of sentence filed on behalf of applicants.

The applicants have been convicted for the offence punishable under Section 323/34 and sentenced to undergo R.I. for three months with fine of Rs.300/- and Section 325/34 of IPC and R.I. for six months with fine of Rs.500/- respectively with default stipulations.

Learned counsel for the applicants has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicants is of 6 months.

The disposal of this revision will take considerable time, therefore, the jail sentence of the applicants may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties, perused the records and the judgments of the courts below.

2 CRR-3098-2024 Having considered the submissions and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on

12.11.2024 and on such other dates as may be fixed in this regard. The applicants shall regularly appear before the trial Court during the pendency of this revision without fail.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List the matter for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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