Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1598

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Satish Kumar Sharma, J.
Ramniwas – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Revision No. 369 of 2022
Decided On : 08-02-2022

Advocates Appeared:
R.K. Sharma, Advocate, Mahendra Kumar Chaudhary, Advocate, Rajesh Kumar Shukla, Advocate
Final Result : Allowed

The court has the discretion to suspend a sentence based on the facts and circumstances of the case, including the length of the applicant's custody and the likelihood of considerable time for the disposal of the revision.

Headnote:
Suspension of Sentence - Criminal Revision - The court allowed the application for suspension of sentence and grant of bail, considering the compromise between the parties, the applicant's custody for more than one month, and the likelihood of considerable time for the disposal of the revision.
Fact of the Case:

The applicant sought suspension of sentence and grant of bail, challenging the judgment of conviction and order of sentence passed by the lower courts.
Finding of the Court:

The court allowed the application for suspension of sentence, directing the jail sentence to remain under suspension subject to certain conditions.
Issues: The issues involved the consideration of the compromise between the parties, the length of the applicant's custody, and the likelihood of considerable time for the disposal of the revision.
Ratio Decidendi: The court considered the facts and circumstances of the case, including the compromise between the parties and the applicant's custody, in allowing the suspension of sentence.
Final Decision: The court allowed the application for suspension of sentence, subject to the applicant depositing the fine amount and furnishing a personal bond with sureties for appearance before the court on specified dates.

JUDGMENT

Satish Kumar Sharma, J. - Heard on Ia. No.1870/2022, an application u/Sec.397(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of applicant is taken up and considered.

This criminal revision assails the judgment dated 25/01/2022 passed in Criminal appeal No.35/2022 by additional Sessions Judge, Pichhore, District Shivpuri (M.P.), whereby the judgment of conviction and order of sentence dated 13/01/2022 passed in Criminal Case No. 300490/2015 by Judicial Magistrate First Class, Pichhore District Shivpuri (M.P.) has been confirmed by which applicant has been convicted and sentenced as under:-

Section	Imprisonment	Fine
456 IPC	One Year's R.I.	Rs.500/- with default stipulation
354 IPC	One Year's R.I	Rs. 1000/- with default stipulation

Learned senior counsel for the applicant submits that compromise has been taken place between the parties and he is in custody for more than one month. The prosecution story is quite improbable. applicant has been falsely implicated in the case due to previous animosity between the parties.

Disposal of revision shall take considerable time. applicant has no criminal antecedents, therefore, the application for suspension of sentence deserves to be allowed.

Per contra, learned Dy. advocate General for the respondent/State opposed the prayer and prayed for dismissal of this application.

Keeping in view the facts and circumstances of the case, particularly, applicant has remained custody for more than one month and disposal of revision shall take considerable time, without expressing any opinion on merits, the application for suspension of sentence is allowed.

It is directed that jail sentence of applicant will remain under suspension subject to depositing fine amount and on his furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, for his appearance before Office of this Court on 04/04/2022 and thereafter on all subsequent dates as may be fixed by the office.

Certified copy as per rules.

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