Arvind Singh Bundela vs The State Of Madhya Pradesh
2021 Latest Caselaw 1417 MP

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                                               Cr.R. No.1084-2021

      THE HIGH COURT OF MADHYA PRADESH
                     Cr.R. 1084-2021
         (Arvind Singh Bundela Vs. State of M.P.)

Gwalior, Dated 08.04.2021

      Shri Anoop Nigam, Advocate for the petitioner.

      Shri R.P. Gupta, Panel Lawyer for the State.

      I.A.No10629/2021 an application for suspension of jail

sentence and grant of bail moved on behalf of the petitioner- Arvind

Singh Bundela u/S. 397(1) of Cr.P.C. is taken up and considered.

      In the present case, the petitioner has been convicted u/Ss.

279, 337, 338, 304(A) of I.P.C. for one year R.I. with a fine of Rs.

1000/- and on failure to deposit fine the petitioner sentenced to

undergo further rigorous imprisonment of two months and u/S.338

of IPC to undergo rigorous imprisonment of six months and fine of

Rs.500/- and in default thereof to undergo further rigorous

imprisonment of one month, and u/S.337 of IPC to undergo

rigorous imprisonment of one month and fine of rupees 200/- and

in default thereof to undergo further rigorous imprisonment of 15

days and under Section 279 of IPC to undergo rigorous

imprisonment of three months and fine of Rs.500/- and in default

thereof to undergo further rigorous imprisonment of 15 days by

judgment dated 24.03.2021 passed in Criminal Appeal No.
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                                                 Cr.R. No.1084-2021

111/2015 by Additional Sessions Judge, Pichhore District Shivpuri

(M.P.).

      Petitioner was on bail during trial and he did not misuse the

liberty granted to him. Fine amount has already been deposited.

      In view of the reasons mentioned in the application coupled

with the fact that there is no possibility of the revision coming up

for final hearing in near future and also looking to the short period

of sentence awarded, without expressing any opinion on the merits,

awaiting admission of the revision , this court is inclined to extend

the benefit of suspension of sentence to the petitioner.

      Accordingly, I.A.No. 10629/21 is allowed.

      It is directed that the jail sentence of the petitioner will

remain under suspension, subject to depositing fine amount and

furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand

only) with two solvent sureties of Rs.25,000/- to the satisfaction of

concerned CJM for his appearance before concerned CJM on

06.09.2021

and all other subsequent dates as may be fixed by him

which shall be of frequency not less than once a year.

In case, the petitioner is found absent on any date fixed by the

concerned CJM then the said CJM shall be free to issue and execute

warrant of arrest for securing his presence without first referring the

Cr.R. No.1084-2021

matter to this Court, provided the Registry of this Court is kept

informed.

Let record of both the Courts below be requisitioned

List the case for admission after receipt of record.

Certified copy as per rules.

(Sheel Nagu) Judge

ojha

YOGENDR A OJHA 2021.04.0 9 17:57:06 +05'30'