Madhya Pradesh High Court
Prakash vs The State Of Madhya Pradesh on 7 August, 2024
1 CRR-3883-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 3883 of 2024
(PRAKASH Vs THE STATE OF MADHYA PRADESH )
Dated : 07-08-2024
Applicant by Shri Chandra Bhusan Pandey - Advocate.
Respondent - State of Madhya Pradesh by Shri Jayesh Yadav -
Government Advocate appearing on behalf of Advocate General.
Heard on IA No.12534 of 2024, first application under Section 438 (1)
of Bhartiya Nagrik Suraksha Sanhiya, 2023 read with Section 397 / 401 of
Code of Criminal Procedure, 1973 (hereafter referred to as the Code) for
suspension of remaining jail sentence and grant of bail filed on behalf of
applicant Prakash S/o Bagdiram, arising out of judgment dated 23.12.2021
passed in Criminal Appeal No.281 of 2015 by learned Second Additional
Sessions Judge, Sardarpur, District Dhar (MP), whereby judgment dated
16.04.2015 passed in Criminal Case No.142 of 2007 by learned Judicial
Magistrate First Class, Sardarpur, District Dhar (MP) has been reversed; and
applicant along with other co-accused persons have been convicted under
Section 332 read with Section 149 of IPC and sentenced to undergo rigorous
imprisonment for a term of two years with fine of Rs.500/- with default
stipulation.
Learned counsel for the applicant submits that applicant has been
falsely implicated in this matter. The applicant is in jail since 13.06.2024.
During trial, he was on bail and never misused the liberty. He has fair
2 CRR-3883-2024
chances of success in this revision. Final hearing of this revision may take
time. On these miscellaneous grounds, he prays for suspension of remaining
part of the jail sentence of the applicant till pendency of this revision.
Per contra, learned counsel for the respondent / State opposes the
prayer and prays for its rejection.
Heard learned counsel for the parties and perused the entire record
with due care.
After due consideration of the arguments advanced on behalf of the
applicant, without commenting anything on merit of the case, this Court is of
the view that the applicant is entitled for suspension of remaining part of jail
sentence.
Accordingly, IA No.12534 of 2024 is hereby 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 12.09.2024 and on all such subsequent
dates, which are fixed in this regard.
Accordingly, the said IA is disposed off.
Also heard on IA No.12535 of 2024 , an application under Section 5 of
the Limitation Act, 1963 for condonation of 861 days in filing this revision.
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Let notice by RAD Mode of this interlocutory application be issued to
the respondent on payment of Process Fee (PF) within a period of seven
working days. Notice be made returnable within a further period of four
weeks.
Let the matter be listed after service of notice.
Certified copy, as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
