Madhya Pradesh High Court
Rajesh Parashar vs The State Of Madhya Pradesh on 13 March, 2015
1 Crr.230/15 13/3/15
Shri Deependra Singh Kushwah, Advocate for the petitioner.
State by Shri Lalan Mishra, Panel Lawyer. Heard on the question of admission.
Being arguable, the revision is admitted for final hearing. Issue notice of final hearing to the State, as per rules. Let records of both the courts-below be called for. List for final hearing in due course.
Further heard on I.A.No.2077/15, an application under Section 397(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the petitioner.
As per learned counsel, the petitioner is in custody and the said fact is also reflected in the order-sheet of the trial court dated 10/3/2015.
By the impugned judgment dated 13/1/2015 passed by the Fourth Additional Sessions Judge, Guna, district Guna in Criminal Appeal No.234/12, the petitioner has been convicted for commission of offence under Section 324 and in alternative 324/34 and further 341 of I.P.C. and sentenced to suffer one-one month's R.I. with a fine of Rs. 100/- and again Rs. 100/-, with default stipulations.
Learned counsel for the petitioner contended that both the courts-below have not properly appreciated the evidence on record while convicting the petitioner/accused and therefore the conviction recorded is bad in law. That apart, the petitioner was 2 Crr.230/15 on bail during trial and he has not committed any breach of the conditions of bail. The fine amount has already been deposited. It is also submitted that final disposal of the case would take time. Hence, it is prayed that the application may be allowed and the petitioner may be enlarged on bail till final disposal of the revision-petition.
Learned P.L. for the State, on the other hand, opposed the said prayer.
Having perused the impugned judgment and after consideration of the arguments put forth by the learned counsel for the petitioner with fact that final disposal of the case is likely to take time, the application is hereby allowed and it is directed that the execution of jail sentence of the petitioner shall remain suspended during pendency of the revision petition subject to depositing fine amount and the petitioner shall be released on bail on his furnishing personal bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court concerned for his appearance before the registry of this court on 2/9/2015 and on such further dates as may be given in that behalf.
C.c.as per rules.
(B.D.Rathi) Judge (Bu)