Mangilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1413 MP

                                   1                               CRR-1068-2021
          The High Court Of Madhya Pradesh
                     CRR-1068-2021
                     (MANGILAL Vs THE STATE OF MADHYA PRADESH)

1
Indore, Dated : 08-04-2021
         Shri Kailash Chandra Yadav, learned counsel for the applicant.
         Shri Ankit Premchandani, learned Panel lawyer for the respondent-

State.

Heard on I.A. No.7610/2021, which is an application filed under Section 397(1) of the Cr.P.C. for suspension of jail sentence filed on behalf

of the applicant- Mangilal.

The present revision has been filed against judgment dated 27/03/2021 passed by XIV Additional Sessions Judge, Indore in Cr.A. No.89/2018 whereby the appellate Court has reversed the judgment dated 30/10/2017 passed in Criminal Case No.23332/2010, by which the trial Court has acquitted the applicant for the offence punishable under Sections 457 and 380 of IPC. The appellate Court has convicted the present applicant for the offence punishable under Section 451 of IPC and sentenced to undergo 01 year RI with fine of Rs.500/- with default stipulation.

Learned counsel for the applicant has submitted that the applicant has deposited the entire amount awarded by both the courts below and hence prays for suspension of the jail sentence.

Learned counsel for the respondent opposes the application, submitting that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the applicant deserved to be allowed.

Accordingly, I.A. No.7610/2021 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the 2 CRR-1068-2021 applicant in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this revision.

The applicant after being enlarged on bail, shall mark his presence before the registry of this Court on 20/01/2020 and on all such subsequent

dates, which are fixed in this regard by the Registry.

I.A. No.7610/2021 stands disposed of.

Record of both the Courts below be requisitioned. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE

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VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

CHATURV COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf20

EDI e67d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.04.09 17:18:12 +05'30'