Naresh Kushwah vs The State Of Madhya Pradesh
2024 Latest Caselaw 28224 MP

Madhya Pradesh High Court

Naresh Kushwah vs The State Of Madhya Pradesh on 14 October, 2024

                                                             1                                CRR-4944-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRR No. 4944 of 2024
                                           (NARESH KUSHWAH Vs THE STATE OF MADHYA PRADESH )



                          Dated : 14-10-2024
                                Shri Sunil Sharma - Advocate for the petitioner.
                                Ms. Ankita Mathur - Public Prosecutor for the State.


                                Heard on admission.
                                Revision being arguable, is admitted for final hearing.

                                Also heard on I.A.No.21042 of 2024 , first application under Section
                          438(1) of BNSS for suspension of jail sentence and grant of bail to the
                          petitioner.
                          2.   This Criminal Revision assails the judgment dated 18.09.2024 passed in
                          Criminal Appeal No.420/2024 by the 20th Additional Sessions Judge,
                          Gwalior, affirming the judgment dated 12.09.2024 passed by the JMFC,
                          Gwalior, in Criminal Case No.6883/2021, whereby the petitioner has been
                          convicted under Section 325 of IPC and sentenced to undergo 1 year RI
                          with fine of Rs.2,000/- with default stipulation.

                          3.   Learned counsel for the petitioner submits that the trial Court as well as
                          appellate Court has not appreciated the facts as well as evidence on record in
                          right perspective. Amount of fine has already been deposited by him. He
                          was on bail during trial, but he did not misuse the liberty so granted. There is
                          no likelihood of hearing of the instant revision in near future. Hence, prayed
                          to suspend the jail sentence and grant of bail to the petitioner.
                          4.    Learned counsel for the respondent/State opposed the application and

2 CRR-4944-2024

prayed for its rejection.

5. Heard learned counsel for the parties and perused the record.

6. Considering the submissions advanced by learned counsel for the petitioner as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 21042 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the petitioner shall remain suspended and he be released on bail. The petitioner is further directed to mark his appearance before the Registry of this Court on 06/01/2025 and on

subsequent dates given by the Registry in this regard, till final disposal of this revision.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

ms/-