Dharmendra Jatav vs The State Of Madhya Pradesh
2024 Latest Caselaw 15009 MP

Madhya Pradesh High Court

Dharmendra Jatav vs The State Of Madhya Pradesh on 20 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRR No. 2181 of 2024
                                            (DHARMENDRA JATAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-05-2024
                                   Shri Anand Vinod Bhardwaj - Advocate for the petitioner.

                                   Shri VPS Tomar - Panel Lawyer for respondent/State.

Heard on I.A.No. 9055 of 2024, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioner.

The revision has been preferred by the petitioner under Section 397 r.w. 401 of the Cr.P.C. against the impugned judgment dated 18.03.2024 in

Cr.A.No.148/2023 passed by First Additional Sessions Judge, Datia to the Court of First Additional Judge, Datia (M.P.) affirming the judgment of conviction and sentence dated 17.08.2023 passed in RCT No. 1615/2021 by Judicial Magistrate First Class, Datia (M.P.) whereby, the petitioner has been convicted for the offence under Section 304-A of IPC and sentenced him to undergo maximum one year with maximum fine of Rs.300/- with default stipulation.

Learned counsel for the petitioner submitted that learned trial Court has wrongly convicted the petitioner without appreciating the evidence properly

available on record. Further submission is that there are material omissions and contradictions in the statements of prosecution witnesses. The petitioner was on bail during trial and never misused the liberty so granted. Therefore, learned counsel for petitioner prays for grant of suspension of sentence and grant of bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

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. 9055 of 2024) is allowed. It is directed that the petitioner be released on bail on his furnishing 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 25.09.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

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