Rajpal vs The State Of Madhya Pradesh
2024 Latest Caselaw 15871 MP

Madhya Pradesh High Court

Rajpal vs The State Of Madhya Pradesh on 28 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRR No. 2370 of 2024
                                                  (RAJPAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-05-2024
                                 Mr. Amit Goswami - Advocate for petitioner.

                                 Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent/ State.

Admit.

Heard on I.A.No. 9693 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 08.05.2024 in Cr.A.No.17/2019 passed by Additional Sessions Judge Chanderi, District Ashoknagar (M.P.) affirming the judgment of conviction and sentence dated 03.05.2019 passed in RCT No.416/2016 by Judicial Magistrate First Class, Chanderi, District Ashoknagar (M.P.) whereby, the petitioner has been convicted for the offence under Sections 354, 456 and 323 of IPC and sentenced him to undergo maximum one year with maximum fine of Rs.1000/- with default stipulation.

It is submitted by learned counsel for petitioner that the trial Court has

wrongly convicted the petitioner without appreciating the materials and evidence available on record. There are material omissions and contradictions in the statement of prosecution witnesses. The petitioner was on bail during trial and never misused the liberty so granted to him. He has already served incarceration about twenty seven days out of total jail sentence of one year. Present revision i s likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail

sentence and release him on 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. 9693 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.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)