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Madhya Pradesh High Court

Gauri Alias Gaurishankar vs The State Of Madhya Pradesh on 30 September, 2022

Author: Anjuli Palo

Bench: Anjuli Palo

1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3821 of 2022 (GAURI ALIAS GAURISHANKAR Vs THE STATE OF MADHYA PRADESH) Dated : 30-09-2022 Shri S.K. Patel, learned counsel for the applicant.

Shri C.M. Tiwari, learned Govt. Advocate for the State.

Heard on I.A. No.18619/2022, which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Sections 304-A & 336 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/- and R.I. for 3 months with fine of Rs.200/-, with default stipulations.

The aforesaid conviction and sentence has been affirmed by the lower appellate Court.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. Maximum sentence awarded to the applicant is 1 year. Applicant is in jail since 23.09.2022 and final disposal of this revision would take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

Although record is not available, however, looking to the nature of offence and period of jail sentence awarded to the applicant, I find it to be a fit case to suspend the custodial sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

Signature Not Verified SAN

It is directed that on furnishing a personal bond in a sum of Rs.30,000/-

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.09.30 18:35:24 IST

(Rupees Thirty Thousand only) with one surety in the like amount to the 2 satisfaction of the trial Court concerned, the custodial sentence of applicant - Gauri @ Gaurishankar shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 28.02.2023 and on such other dates as may be fixed in this regard during the pendency of this revision.

The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.

Record be requisitioned.

List after 8 weeks for admission.

(SMT. ANJULI PALO) JUDGE rj Signature Not Verified SAN Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.09.30 18:35:24 IST