Madhya Pradesh High Court
Heeralal @ Hirai Yadav vs The State Of Madhya Pradesh on 15 July, 2015
Cr.R.No.1147 of 2015
1
15/07/2015
Shri Lawkush Mishra, Advocate for the applicant.
Shri Neeraj Asar, Panel Lawyer for the
respondent/State.
Heard on admission.
The revision seems to be arguable, hence admitted for final hearing.
As learned Panel Lawyer accepts notice on behalf of respondent/State, hence, no notice is required to be issued.
Also heard on I.A.No.10415/2015, an application filed by the applicant for suspension of sentence and grant of bail.
The applicant has been convicted under Sections 452, 354 & 323 of IPC and sentenced to suffer rigorous imprisonment for one year with fine of Rs.1000/- in the first count, rigorous imprisonment for one year with fine of Rs.500/- in the second count and rigorous imprisonment for three months with fine of Rs.500/- in the last count, with default stipulation.
Learned counsel for the applicant submits that there are contradiction, omissions and improvements in the statements of prosecution witnesses. It is submitted that that the applicant was on bail during trial and he had never misused the liberty granted to him. There is no likelihood of coming up of this revision for final hearing in Cr.R.No.1147 of 2015 2 near future, hence, the sentence of the applicant be suspended and he be released on bail.
Learned Panel Lawyer for the State vehemently opposed the prayer for suspension of sentence and grant of bail.
On due consideration of the facts and circumstances of the case and the nature of allegation, but without expressing any opinion on the merits of the case, the application is allowed. Execution of jail sentence of applicant Heeralal @ Hirai Yadav is suspended till pendency of this revision. He is directed to be enlarged on bail on furnishing a personal bond in the sum of Rs.20,000/-(Rupees Twenty Thousand Only) and a surety bond in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court firstly on 20/04/2016 and on such other dates, which will not be less than the period of eight months, as may be fixed by the Registry in this regard.
It is hereby clarified that sentence of fine amount is not suspended.
List the case for final hearing in due course. C.C as per rules.
(SUBHASH KAKADE) JUDGE SJ