Ramesh vs The State Of Madhya Pradesh on 28 July, 2017

CRR-909-2017
(RAMESH Vs THE STATE OF MADHYA PRADESH)

28-07-2017

Shri Akash Rathi, learned counsel for the applicant.
Shri Romesh Dave, learned counsel for the
respondent/State.

Heard on I.A.No.6784/2017, which is an application for
suspension of sentence pending the revision.
The applicant has been convicted for the offence under
Section 354 IPC and sentenced for 1 year RI with fine of
Rs.500/- with default stipulation.

Learned counsel appearing for the applicant submits that
sentence awarded to the applicant is of one year, out of
which he has remained in custody for more than one
month. He also submits that from the statement of
prosecutrix, the necessary ingredient of section 354 is not
made out and at the most it is a case of sec.352 IPC for
which maximum sentence is of 3 months. He also submits
that there is contradiction in the statement of prosecutrix
(PW-1) and Mangilal (PW-3) and that calling for the record
and hearing of the revision on admission is likely to take
time.

Counsel for the State has opposed the application for
suspension of sentence.

Considering the submissions made by the counsel for the
applicant, the period of sentence, nature of the case and
the fact that this revision is not likely to be heard and
disposed off at an early date, it is directed that on deposit
of fine amount, if not already deposited and on furnishing
personal bond to the tune of Rs. 35,000/- (Rs. Thirty
Five Thousand) with separate surety bond in the like
amount to the satisfaction of the Trial Court for his
appearance before the Registry of this Court on
11.9.2017 and on subsequent dates as may be fixed by
the Registry, the accused be released on bail and the
substantive sentence under revision shall remain
suspended.

Application stands disposed off.

Let record of the courts below be requisitioned and
Revision be listed along with record after 4 weeks.
Certified copy as per rules.

(PRAKASH SHRIVASTAVA)
JUDGE

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