Madhya Pradesh High Court

Arvind Thakur vs The State Of Madhya Pradesh on 26 May, 2025

                                                                  1                                CRR-1989-2025
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                          CRR No. 1989 of 2025
                                                 (ARVIND THAKUR Vs THE STATE OF MADHYA PRADESH )



                           Dated : 26-05-2025
                                 Ms. Gayatri Ladhiya, learned counsel for the applicant.

                                 Shri Raghuvar Prajapati, learned Panel Lawyer for the respondent/State.

I.A.No.12552/2025 is taken up, which is an application for urgent hearing during vacation.

Considering the reasons assigned in the application, the application is

allowed.

Matter is taken up for hearing.

Issue notice.

Notice is accepted by learned Panel Lawyer appearing on advance copy. Record of the trial court as well as appellate court be requisitioned. Heard on I.A.No.10326/2025, which is an application for suspension of sentence.

Learned counsel for the applicant submits that the applicant has been convicted under Section 379/34 of the Indian Penal Code and sentenced to undergo one year RI with default stipulation. The judgment of conviction was

challenged before the appellate court unsuccessfully. She further submits that during trial, the applicant remained in jail for six days and from 24.04.2025 till today, the applicant is in jail. She further submits that the trial court as well as the appellate court failed to appreciate the evidence in proper manner. The applicant is having good case on merits and there are ample possibilities of success in the present revision petition. She prays for suspension of remaining jail sentence during pendency of the present revision petition.

2 CRR-1989-2025

Per contra, learned Government Advocate opposes the application on the ground that the prosecution proved the case beyond reasonable doubt. The appellate court has also examined the material available on record. He further submits that no legal question is involved in the case and the present application is liable to be dismissed.

After considering the fact that the applicant has been convicted under Section 379 of the IPC and sentenced to undergo one year RI and he is already in jail since 24.04.2025 and there are least chances of disposal of the present revision petition 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 and on furnishing a personal bond of Rs.50,000/- along with the surety of the said amount to the satisfaction of the 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 14.07.2025 and all other subsequent dates as may be fixed by the Registry in this behalf.

List for admission after four weeks.

(VINAY SARAF) V. JUDGE

P/-