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2022 DIGILAW 1559 (MP)

Tikaram @ Bhuri v. State of Madhya Pradesh

2022-12-19

ANJULI PALO

body2022
JUDGMENT Anjuli Palo, J. - Heard on I.A. No.23961of 2022, which is an application filed by the applicant for suspension of sentence and grant of bail. 2. The applicant has been convicted by the Courts below for offence punishable under Sections 323(for injured Sanjay), 323(for injured Laxmi) and 325 of the Indian Penal Codeand sentenced to undergo RI for 3 months with fine of Rs.500/-, R.I for 3 months with fine of Rs.500/- and R.I for 01 year with fine of Rs.1000/- respectively, with default stipulations. 3. Learned counsel for the applicant submits that maximum jail sentence awarded to the applicant is one year. Applicant is in custody since 10.12.2022 and disposal of this revision would take considerable time. In view of the aforesaid, prayer is made to suspend the jail sentence of the applicant and to release him on bail. 4. On the other hand, learned Government Advocate has opposed the aforesaid prayer. 5. Although record is not available, however, looking to the nature of offence, other facts and circumstances of the case and period of jail sentence awarded to the applicant, I deem it to be a fit case to suspend the jail sentence of the applicant, therefore, without commenting on the merit of the case, this application is allowed. 6. It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 10.05.2023 and on such other dates as may be fixed in this regard during pendency of this appeal. 7. The applicant shall regularly appear before the trial Court, on each and every date, without fail. 8. Record of the Courts below be requisitioned. 9. List this matter after eight weeks for admission.