Arjun Alias Gajni vs The State Of Madhya Pradesh
2024 Latest Caselaw 28096 MP

Madhya Pradesh High Court

Arjun Alias Gajni vs The State Of Madhya Pradesh on 4 October, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                              1                                  CRR-1973-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRR No. 1973 of 2024

(ARJUN ALIAS GAJNI Vs THE STATE OF MADHYA PRADESH )

Dated : 04-10-2024 Ms. Ankita Khare - Advocate for the applicant. Shri Dayaram Vishwakarma - GA for the State.

Heard on admission.

Admit.

Heard on I.A. No. 20730/2024 , which is first application filed on

behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted under Section 380 of the Indian Penal Code and sentenced to undergo R.I. for 2 years with fine of Rs.2000/-, with default stipulation.

The counsel for the applicant submits that the Courts below have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicant for aforesaid offences. The sentence awarded to the applicant is 2 years and the applicant has suffered the incarceration of about 13 months (during trial for 134 days and thereafter

since the date of judgment i.. 20.1.2024). The applicant is in custody and there is a bleak possibility of disposal of this revision in near future. Therefore, the jail sentence of the applicant be suspended and he be released on bail.

The counsel for the State has opposed the application. Looking to the nature of offence, short term sentence awarded to the

2 CRR-1973-2024 applicant and period of incarceration of the applicant, this Court deems it to be a fit case to suspend the jail sentence of the applicant and to release him on bail. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the jail sentence of the applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 8.1.2025 and on such other dates as may be fixed in this regard by that Court during pendency of this case.

List for final hearing in due course.

(MANINDER S. BHATTI) JUDGE

PB