Shekhar Bhati vs The State Of Madhya Pradesh
2024 Latest Caselaw 16669 MP

Madhya Pradesh High Court

Shekhar Bhati vs The State Of Madhya Pradesh on 18 June, 2024

                                                                1                               CRR-1081-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                        CRR No. 1081 of 2024
                                         (SHEKHAR BHATI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-06-2024
                                 Shri Asiz Warzi, learned counsel for the appellant.

                                 Shri A.S Parihar, learned counsel for the respondent/state.

Heard on IA No.4151 of 2024, which is first application for suspension of sentence under Section 397(1) of Cr.P.C. on behalf of all the applicants.

By order dated 12.01.2024 passed in CRA No.40/2023 passed by 4th Additional Sessions Judge, Ujjain, the applicants has been convicted under

section Sections 34(2) of Excise Act and sentenced to undergo RI for one year with fine of Rs.25,000/- with default stipulation affirming the judgment dated 16.02.2023 by JMFC, Ujjain District Ujjain passed in RCT No.258/2023.

Learned counsel for the applicants submits that applicants are innocent persons and have been falsely implicated in the offence. They have no criminal antecedents. It is a matter of short sentence. The applicants have already completed half of the sentence. Looking to the old pendency of the cases for consideration, final conclusion of this revision would take sufficient long time. Hence, the execution of remaining part of the jail sentence of the applicants be

suspended till the final disposal of this revision.

On the other hand, learned counsel for the respondent / State opposes the prayer.

Heard learned counsel for the parties and perused the impugned judgments.

Looking the facts and circumstances of the case, arguments advance by learned counsel for the parties and also looking to the fact that no criminal

2 CRR-1081-2024 antecedents have been found against the applicants; it is a case of short sentence and final conclusion of the revision will also take sufficient long time. In the considered view of this Court, it is a fit case to suspend the remaining custodial sentence of the applicants.

Accordingly, I.A.No.4151/2024 is allowed and it is directed that subject to deposit of fine amount, if not already deposited and subject to furnishing personal bond by the applicants in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 10/07/2024 and on all other subsequent dates, as may be fixed by the

Registry in this behalf, the execution of remaining jail sentence of the applicants shall remain suspended, till the final disposal of this revision and the applicants be released on bail.

As a consequence, IA No.9029/2024, application for hearing during vacation stands disposed off.

(BINOD KUMAR DWIVEDI) V. JUDGE

Sourabh