Rakesh Nath vs The State Of Madhya Pradesh
2024 Latest Caselaw 16639 MP

Madhya Pradesh High Court

Rakesh Nath vs The State Of Madhya Pradesh on 14 June, 2024

Author: Amar Nath Kesharwani

Bench: Amar Nath Kesharwani

                                                             1                               CRR-1841-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRR No. 1841 of 2024

(RAKESH NATH Vs THE STATE OF MADHYA PRADESH)

Dated : 14-06-2024 Shri Manohar Meena - Advocate for petitioner.

Ms. Shanti Tiwari - Panel Lawyer for State.

Heard on admission.

Admit.

Also heard on I.A.No.9493/2024, which is an application under Section

397(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of petitioner- Rakesh Nath.

T h is criminal revision has been filed against the judgment dated 12.03.2024 passed by the Ist Additional Sessions Judge, Sehore, District Sehore (M.P.) in Criminal Appeal No.172/2023 affirming the judgment dated 21.07.2023 passed by the CJM Sehore, District Sehore in RCT No.1033/2018, whereby the petitioner has been convicted under Section 25 of Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- with default stipulation as mentioned in the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the crime. It is further submitted that during trial the petitioner was on bail. The petitioner is in jail since 15.05.2024. Fine amount has been deposited by him. The final disposal of this revision would take considerable time. Under such circumstances, application of petitioner for suspension of sentence and grant of bail may be considered.

Learned counsel for State vehemently opposed the prayer for suspension of sentence.

2 CRR-1841-2024

Considering the facts and circumstances of the case and also considering the short term of sentence, IA No.9493/2024 is allowed.

I t is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of petitioner shall remain suspended during pendency of this revision and he be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 09.09.2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this revision.

Accordingly, IA No.9493/2024 is disposed.

Record of the Court below be requisitioned.

List this case for final hearing in due course.

(AMAR NATH (KESHARWANI)) JUDGE

shahina