Chandra Prakash vs The State Of Madhya Pradesh
2024 Latest Caselaw 6237 MP

Madhya Pradesh High Court

Chandra Prakash vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRR No. 662 of 2024
                                            (CHANDRA PRAKASH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-02-2024
                                 Shri Purushottam Rai - Advocate for the petitioner.

                                 Shri Rohit Shrivastava - Panel Lawyer for respondent/State.

Heard on the question of admission.

The criminal revision, being arguable, is admitted for final hearing. Heard on I.A.No. 3145 of 2024, first application under Section 397 of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioner.

This revision is preferred by the petitioner challenging the judgment dated 05.02.2024 passed by the First Additional Session Judge, Datia (M.P.) in Criminal Appeal No.35/2023, whereby, the appellate Court by affirming the judgment of conviction and sentence dated 31.01.2023 passed by the Judicial Magistrate First Class, Datia in R.C.T. No.601484/2014 convicted the petitioner under Section 304-A of IPC and sentenced him to undergo one year RI with fine of Rs.1000/- with default stipulation.

Learned counsel for the petitioner argued that the Court below have wrongly appreciated the evidence and convicted the petitioner. It is further

argued that there are material omissions and contradictions in the statement of prosecution witnesses. Further submission is that there is no likelihood of early hearing of revision in near future. On these grounds, he prayed to suspend the jail sentence and grant of bail to the petitioner.

On the other hand, learned Panel Lawyer respondent/State opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without

expressing any opinion on the merits of the case, the application (I.A.No.3145 of 2024) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court on 22.05.2024 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AK/-