Citation : 2021 Latest Caselaw 1602 MP
Judgement Date : 27 April, 2021
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
Cr.R. No.377/2021 (-1-)
Cr.R. No.377/2021
(Vishnu Meena Vs. The State of Madhya Pradesh )
Indore, dated: 27.04.2021.
Mr. Ritu Raj Bhatnagar, learned counsel for the
applicant.
Mr. Kushagra Jain, learned counsel for the respondent /
State of Madhya Pradesh.
Heard on IA No.2023/2021, first application under Section 397 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant.
The present applicant has been convicted for offence punishable under Sections 325 of IPC and sentenced to undergo one year RI with fine of Rs.1500/- with default stipulation by judgment dated 12.02.2020 passed by JMFC, Sitamu, District-mandsaur (MP) in Criminal Case No.676/2016. The aforesaid judgment has been affirmed by learned Additional Sessions Judge, Mandsaur District- Mandsaur (MP) in Criminal Appeal No.19/2021 and Criminal Appeal No.19/2021 vide judgment dated 08.02.2021.
Looking to the short sentence imposed on the applicant, learned counsel for the applicant prays for suspension of jail sentence.
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE Cr.R. No.377/2021 (-2-)
Considering the fact that the sentence of one year RI is imposed on the applicant, I am inclined to allow the application for suspension of jail sentence and release him on bail.
Accordingly, without expressing any opinion on merits, IA No.2023/2021, first application for suspension of jail sentence filed on behalf of applicant is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended, subject to his depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before trial Court on 23.08.2021 and on such other dates as may be fixed by the concerned Court in this regard, with a further condition if the applicant has not already served out the entire sentence. In the meanwhile, let the record of the case from the concerned trial Court as well as appellate Court be requisitioned, if not already received.
Let the matter be listed on admission after 6 week. C. c. as per rules.
(Subodh Abhyankar) Judge
N.R.
Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.04.29 14:29:47 +05'30'
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