Madhya Pradesh High Court
Mohansingh vs The State Of Madhya Pradesh on 3 January, 2018
THE HIGH COURT OF MADHYA PRADESH CRR-3851-2017 (MOHANSINGH Vs THE STATE OF MADHYA PRADESH) 1 Indore, Dated : 03-01-2018 Parties through their counsel.
Heard on I.A.No.25167/2017 which is an application for suspension of sentence and grant of bail.
The present revision has been filed against the judgment of conviction dated 12.01.2012 passed by the learned Judicial Magistrate First Class, Ratlam convicting the applicant for offence under Section 325 of IPC. The revision is also against the judgment dated 06.12.2017 passed in Cr.A.No.40/2012 by which the judgment of conviction has been affirmed and the applicant has been sentenced to undergo 6 months R.I. with fine of Rs.1,000/- and for offence under Section 323 of IPC he has been inflicted with fine of Rs.1,000/-.
As per the prosecution on 11.11.2017 at about 6.30 P.M. the applicant has assaulted the complainant and has broken his teeth and in those circumstances based upon the allegations of the complainant, criminal case was registered and the applicant has been convicted. Learned counsel for the applicant has argued before this Court that the applicant is innocent person and he has been falsely implicated in the crime. There are lot of contradictions and omissions and the Courts below failed to appreciate the evidence in its true perspective. He has argued that the applicant was on bail during trial and he never misused the liberty granted to him.
Learned Government Advocate has read out the statement and his contention is that the question of grant of bail does not arise as the aforesaid offence has been proved beyond reasonable doubt. After going through the impugned judgment and taking into consideration all the facts and circumstances of the case, without commenting on the merits of the case, the application (I.A.No.25167/2017) is allowed. It is directed that if the present applicant furnishes personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) and a solvent surety of the like amount to the satisfaction of the trial Court, and on depositing the fine amount, the remaining portion of the jail sentence of the applicant shall be suspended and he be released on bail for his appearance before the Registry of this Court on 18.06.2018 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf. Revision is admitted for final hearing.
Record be requisitioned.
List for final hearing in due course.
C.C.as per rules.
(S.C.SHARMA) JUDGE