Sonu @ Shubham Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 21490 MP

Madhya Pradesh High Court

Sonu @ Shubham Yadav vs The State Of Madhya Pradesh on 7 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1                              CRR-3231-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRR No. 3231 of 2024

(SONU @ SHUBHAM YADAV Vs THE STATE OF MADHYA PRADESH )

Dated : 07-08-2024 Shri T.R. Kurmi - Advocate for applicant.

Ms. Vinita Sharma - 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.16037/2024 , which is first application filed under section 397 of Cr.P.C. on behalf of applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court for the offence punishable under Section 379 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500/-, with default stipulation.

Learned counsel for the applicant 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 applicant is of six months.

The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant 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 judgments and the

2 CRR-3231-2024 records of the courts below.

Having considered the submissions and on perusal of the records, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant 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) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 13.11.2024 and on

such other dates as may be fixed in this regard. The applicant 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 case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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