Madhya Pradesh High Court
Kisna vs The State Of Madhya Pradesh on 15 July, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2561 of 2022 (KISNA Vs THE STATE OF MADHYA PRADESH) Dated : 15-07-2022 Shri J.A. Shah, counsel for the applicant.
Ms. Seema Jaiswal, PL for the State.
Heard on the question of admission.
Admit.
Also heard on I.A. No.12906/2022, which is an 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 Section 325 of IPC and sentenced to R.I. for 1 year with fine of Rs.1000/- with default stipulation.
The aforesaid conviction and sentence has been affirmed by the 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 one year. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.
Learned Panel Lawyer has opposed the application. Looking to the nature of allegation against the applicant 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.
2I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant Kisna remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 09.12.2022 and on such other dates as may be fixed in this regard.
The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.
Record be requisitioned.
List for final hearing in due course.
(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2022.07.15 19:26:16 +05'30'