Hemant @ Hemraj vs The State Of Madhya Pradesh
2024 Latest Caselaw 13665 MP

Madhya Pradesh High Court

Hemant @ Hemraj vs The State Of Madhya Pradesh on 10 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                        CRR No. 1915 of 2024
                                            (HEMANT @ HEMRAJ Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2024
                                  Shri Rajendra Singh Yadav - Advocate for the petitioner.

                                  Shri A.K. Nirankari - Public Prosecutor for respondent/State.

Heard on I.A.No.8578 of 2024, an application under Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail moved by the sole petitioner.

T h is revision is preferred by the petitioner/accused challenging the

judgment dated 08.04.2024 passed by the Third Additional Sessions Judge, Vidisha, District Vidisha (M.P.) in Criminal Appeal No.50/2023 whereby, learned appellate Court by affirming the judgment of conviction and sentence dated 04.07.2023 passed by the Judicial Magistrate First Class, Vidisha in RCT No.1876/2018 convicted the petitioner under Section 354(D) of IPC and sentenced him to undergo one year RI with fine of Rs.1,000/- with default stipulation.

Learned counsel for the petitioner argued that the Court below have wrongly appreciated the evidence and convicted the petitioner ignoring the fact

that prosecution story has not been supported by prosecutrix herself as well as other material witnesses. It is further argued that there are material omissions and contradictions in the statement of prosecution witnesses. The petitioner has already served almost one and a half month of incarceration out of total jail sentence awarded to him. Further submission is that there is no likelihood of early hearing of revision in near future. On these grounds, h e prayed to suspend the jail sentence and grant of bail to the petitioner.

On the other hand, learned Public Prosecutor 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.8578 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 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 23.08.2024 and on all other dates which may be given by the Office for his

appearance.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

vpn