Madhya Pradesh High Court
Vinod Paradhi vs The State Of Madhya Pradesh on 6 October, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1509 of 2023
(VINOD PARADHI Vs THE STATE OF MADHYA PRADESH)
Dated : 06-10-2023
Shri Sanjay Sharma - Advocate for the applicant.
Ms. Kamlesh Tamrakar - Panel Lawyer for the respondent/State.
Ms. Mamta Dubey - Advocate for the objector.
Heard on I.A. No.7658/2023, which is the first application filed on behalf of sole applicant for suspension of sentence and grant of bail.
T his revision has been filed against the judgment dated 29/03/2023 passed by First Additional Sessions Judge, Waraseoni, District Balaghat (M.P.) in Criminal Appeal No.3/2017, whereby learned Sessions Judge affirmed the judgement of conviction dated 15/12/2016 passed by Additional Chief Judicial Magistrate, Waraseoni, District Balaghat in Criminal Case No.2228/2014, whereby learned CJM found the applicant guilty for the offence punishable under Sections 354(D), 509 of the IPC and convicted and sentenced him to undergo R.I. for one year with fine of Rs.500/- and S.I. for one year with fine of Rs.200/- respectively with default stipulations.
Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the evidence wrongly found the applicant guilty for the aforesaid offence. The applicant was on bail during trial and he never misused the liberty granted to him. The applicant has been in custody since the date of judgment i.e. 29/03/2023. Hence, prayed for suspension of the jail sentence and release of the applicant on bail, since the final hearing of this revision will take time.
Per contra, learned Government Advocate opposed the prayer and Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39 2 submitted that the guilty of applicant is proved beyond reasonable doubt, so learned trial Court as well as Appellate Court did not commit any mistake in convicting the applicant for the aforesaid offences. It is prayed that application for suspension of sentence and grant of bail be rejected.
Learned counsel for the objector submits that she has no objection if this Court allowed the application for suspension of sentence and grant of bail.
Looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the fact that applicant is in judicial custody since the date of judgment i.e. 29/03/2023 and according to listing policy hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence passed against the applicant shall remain suspended during the pendency of this revision and he be released on bail upon depositing fine amount, if not already deposited and on furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court concerned on 18/12/2023 and on such further dates as may be fixed in this regard during the pendency of this revision.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY) JUDGE as Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39