Hari Singh vs State Of Madhya Pradesh

Heard on I.A. No.2926/2020, which is an application for suspension of sentence.

Present revision is arising out of the judgment dated 19.12.2016 passed by the Judicial Magistrate, First Class, Agar in Criminal case No.576/2013 as

well as the judgment dated 19.03.2020 passed by 2nd Additional Sessions Judge, Agar, Distt.-Shajapur in criminal appeal No.16/2017.

The applicant has been convicted for the offences under Section 283, 337 and 304-A of IPC and sentenced to undergo one year's RI and fine has also

been imposed with default clause. The applicant is in jail.

Learned counsel has argued before this Court that the applicant at no point of time was driving the vehicle in a rash and negligent manner. There are

lot of contradictions and ommissions and in fact, the person, who was riding the motocycle was at fault. He has stated that the applicant was on bail

during trial and he has never misused the liberty granted to him.

Learned government advocate has opposed the prayer for suspension of sentence.

This Court after hearing learned counsel for the parties and after taking into account the evidence on record is of the opinion that the application for

suspension of sentence deserves to be allowed. Accordingly, I.A. No.2926/2020 stands allowed. The jail sentence awarded to the applicant shall

remain suspended and he be released on bail on his depositing the fine amount and furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only)

with one surety in the like amount to the satisfaction of the trial court for his appearance before the Office / Registry of this Court on 14.12.2020 and

on such other dates as may be fixed in this behalf.

Criminal revision is admitted for final hearing.

Let the record be requisitioned.

List the same in due course.

C.C. as per rules.

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