Rajesh Kumar Yogi vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

Heard on I.A.No.9127/2023, first application u/Sec. 397 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of petitioner.

T his criminal revision has been filed against the judgment dated 12.05.2023 passed by Second Additional Sessions Judge, Seonda District Datia in Criminal Appeal No.13/2020 affirming the judgment dated 5.2.2020 passed by Gram Niyaydhikary, Seonda, District-Datia in RCT No.544/2013, whereby the petitioner has been convicted under Section 338 of IPC with fine of Rs.1000/- and sentenced to undergo maximum RI of one year, with default stipulation.

According to the prosecution case, on 26.07.2013 complainant Rajkapoor was stepping down from the bus and was going to his house that the applicant dashed his bus to the complainant, due to which he sustained injuries on his legs.

Learned counsel for the petitioner submits that the jail sentence of the petitioner has been suspended by the trial Court. The petitioner was on bail during trial and he has not misused the liberty granted to him. Hence, counsel for the petitioner prays for suspension of sentence and grant of bail to the petitioner.

Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.

Considering the overall facts and circumstances of the case, I.A.No.9127/2023 is allowed and it is directed that the jail sentence of the petitioner shall remain under suspension, on the petitioner's furnishing bail bond o f Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28.08.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

I t is made clear that if the petitioner is found indulged in any criminal activities in future, then State is set at liberty to move an appropriate application for cancellation of bail of the petitioner.

Certified copy as per rules.