Citation : 2025 Latest Caselaw 1804 MP
Judgement Date : 9 June, 2025
1 CRR-2409-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 2409 of 2025
(SANDEEP Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 09-06-2025
Shri Vivek Singh Senior Advocate with Shri Rajesh Yadav Advocate for
the applicant.
Shri Jayesh Yadav Panel Advocate for State.
IA No. 7516/2025 and 8231/2025 applications for urgent hearing are taken
up.
IAs are allowed.
Record of the trial court as well as appellate court be requisitioned.
Issue notice.
Notice is accepted by learned GA on behalf of non applicant No.1/State.
Issue notice to respondent No. 2 on payment of PF within three working
days. Notice be made returnable within four weeks.
Heard on I.A. No.7171/2025, which is an application for grant of suspension of remaining jail sentence of the applicant.
The applicant has been convicted by Judicial Magistrate First Class Maheshwar District West Nimar in RCT No. 216/2019 by judgment dated
20.12.2024 under Sections 354, 354-A, 354-D of IPC and sentenced to undergo one year's RI, One year's RI and six month's RI with default stipulation. The conviction and sentence were assailed by applicant in criminal appeal No.1/2025 before IV Additional Sessions Judge West Nimar Mandleshwar which was dismissed by judgment dated 15.5.2025.
Learned counsel for the applicant submitted that the applicant is in custody
2 CRR-2409-2025 since 15.05.2025. During trial, the applicant was on bail. He never misused the liberty. The revision will take long time in coming to decision. There are fair chances of success in the present revision petition. Hence he prays for grant of suspension to the applicants.
Counsel for the State opposes the suspension application and prays for its rejection on the ground that trial court as well as appellate court recorded the finding against the present applicant after due appreciation of evidence which has been upheld by the appellate Court.
Considering the fact that applicant is in custody since the date of pronouncement of judgment by appellate Court and there are bleak chances of disposal of the criminal revision in near future, I deem it proper to suspend the remaining jail sentence of the applicant till decision of revision. Consequently, the
application is allowed.
Upon depositing the fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety in the like amount to the satisfaction of the learned trial Court, the remaining jail sentence of the applicant shall remain suspended till decision of this revision and he shall be released on bail. The applicant shall appear before the Registry of this Court on 01.08.2025 and all other subsequent dates as may be fixed by the Registry in this behalf.
List the case for consideration and hearing on admission in the week commencing 14.07.2025.
(VINAY SARAF) V. JUDGE
BDJ
3 CRR-2409-2025
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