Dayaram @ Bhim vs The State Of Madhya Pradesh
2024 Latest Caselaw 6274 MP

Madhya Pradesh High Court

Dayaram @ Bhim vs The State Of Madhya Pradesh on 29 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                           1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRR No. 484 of 2024
                                          (DAYARAM @ BHIM Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-02-2024
                               Shri K.S. Rajput - Advocate for applicant.

                               Shri Vivek Lakhera - Government Advocate for respondent-State.

Heard on I.A. No.2831/2024, which is an application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted for the offence punishable under Section 304-A of IPC and sentenced to undergo R.I for one year and fine of Rs.1000/- and under Section 146/196 of MACT Act and fine of Rs.1000/-, with default stipulation by the First Additional Sessions Judge, Itarsi District Narmadapuram vide judgment dated 24.01.2024 passed in Criminal Appeal No.02/2021.

Learned counsel for the applicant submits that the Courts below have not properly appreciated the oral and documentary evidence available on record

and committed error in convicting the applicant for aforesaid offences. It is submitted that the maximum sentence awarded to the applicant is 1 year. The applicant is in custody and there is a bleak possibility of disposal of this revision in near future. Therefore, the jail sentence of the applicant be suspended and he be released on bail.

Per contra, learned counsel for the State has opposed the application. Although records are not available, however, looking to the nature of offence and short term sentence awarded to the applicant, this Court deems it

to be a fit case to suspend the jail sentence of the applicant and to release him on bail. 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 jail sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 10.07.2024 and on such other dates as may be fixed in this regard by that Court during pendency of this case.

Let record of the Courts below be requisitioned. List for admission along with the record.

Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

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