1
THE HIGH COURT OF MADHYA PRADESH
CRR No.300/2022
Ramu Chidar vs. State of M.P.
Gwalior, Dated : 14/02/2022
Shri Aman Agarwal, Counsel for the applicant.
Shri G.P. Chaurasiya, Counsel for the respondent/State.
This criminal revision under Section 397, 401 of Cr.P.C. has been filed against the order dated 4.1.2022 passed by fourth Additional Sessions Judge, Shivpuri in Criminal Appeal No.07/2022 by which the application filed by the applicant under Section 389 of Cr.P.C. has been dismissed.
It is submitted by the counsel for the applicant that the applicant has been convicted by judgment dated 30.12.2021 passed by JMFC, Kolaras, District Shivpuri in RCT No.101576/2015 for offence under Section 8/20 of NDPS Act, however, the sentence was not suspended. Thereafter, the applicant has filed an appeal and also filed an application under Section 389 of Cr.P.C. but the said application has been rejected by order dated 4.1.2022 passed by 4 th Additional Sessions Judge, Shivpuri in Criminal Appeal No.7/2022 on the ground that the Appellate Court has no jurisdiction to suspend the sentence under Section 389 of Cr.P.C.
The record of the Court below has been received whereas the appeal is still pending.
It is submitted by the counsel for the applicant that the High Court has a jurisdiction to suspend the sentence, however, he fairly 2 THE HIGH COURT OF MADHYA PRADESH CRR No.300/2022 Ramu Chidar vs. State of M.P.
conceded that the appeal which has been filed by the applicant can be decided as expeditiously as possible because the applicant has been sentenced to undergo rigorous imprisonment of one year only and a fine amount of Rs.10,000/- has been deposited.
Heard the learned counsel for the parties. The applicant has already been convicted and his appeal is pending. Accordingly, the Appellate Court is directed to decide the appeal positively within a period of one month from the date of receipt of the record from this Court. The counsel for the applicant as well as the Public Prosecutor are directed to cooperate with the Appellate Court and they shall not seek any adjournment.
With aforesaid observations, the revision is dismissed. The Office is directed to immediately send the record of the Courts below to the Appellate Court along with the copy of this order for necessary information and compliance.
(G.S. Ahluwalia) Judge (alok) ALOK KUMAR 2022.02.16 16:30:19 +05'30'