Citation : 2024 Latest Caselaw 5833 MP
Judgement Date : 26 February, 2024
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRR No. 6048 of 2023 (SAYEED Vs THE STATE OF MADHYA PRADESH)
Dated : 26-02-2024 Shri Harshvardhan Pathak - Advocate for applicant.
Shri Vinod Thakur - PP for State.
Heard on IA No.2716/2024 for condonation of delay. There is delay of 573 days.
It is stated in the application that the order of conviction by the appellate court was not communicated to him and he was also not present at the
time of pronouncement of judgment and, therefore, the revision could not be filed within time. The said application is supported by an affidavit of wife of the applicant.
The revision is filed against the order of conviction and sentence. The revision of co-convict has already been admitted and his jail sentence has been suspended.
The revision is admitted.
Also heard on I.A. No.19764/2023 which is an application for suspension of sentence.
The applicant has been convicted u/S.6 read with 9(2) of MP Govansh Vadh Pratished Adhiniyam by learned IV ASJ, Khargone in Cr.A. No.78/2018 on 17.8.2021, wherein the learned Judge has partly allowed the appeal and reduced the sentence from two years to one year RI with fine of Rs.5000/-.
Counsel for applicant submits that the applicant has already undergone jail sentence of about five months out of one year. He was on bail during trial. The final hearing of revision is likely to take time.
Considering the aforesaid, IA is allowed. It it is directed that the execution of the jail sentence of the applicant shall remain suspended during pendency of the present revision application and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his further appearance before the Registry of this Court on 25.04.2024 and on such dates as may be fixed by the Registry in this regard.
(VIJAY KUMAR SHUKLA) JUDGE
VM
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