Nannu vs The State Of Madhya Pradesh
2021 Latest Caselaw 1627 MP

                                                                   1                                CRR-1122-2021
                                         The High Court Of Madhya Pradesh
                                                    CRR-1122-2021
                                                      (NANNU Vs THE STATE OF MADHYA PRADESH)

                                 1
                                 Jabalpur, Dated : 28-04-2021
                                       Heard through Video Conferencing.
                                       Shri B.J. Chourasiya, counsel for the applicant.
                                       Shri Sandeep Kumar Dubey, Panel Lawyer for the respondent-State.

Heard on the question of admission.

Perused the impugned judgment.

Revision is admitted for final hearing. Let record of the court below be called for. Also heard on IA No.5857/2021, which is an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to applicant.

Applicant has been convicted under Section 409 of the Indian Penal Code and sentenced to undergo sentence of three years' rigorous imprisonment with fine of Rs. 1000/- with default stipulation.

Learned counsel for the applicant submits that applicant was on bail during trial as well as during pendency of appeal. He is in jail from the date of

impugned judgment i.e. 25th March, 2021. Counsel submits that applicant has already deposited the amount of fine. Final hearing of the revision will take a long time.

Learned counsel for the respondent-State has opposed the application for suspension of sentence.

Considering the facts and circumstances of the case and the short term of sentence, IA No.5857/2021 is allowed. It is directed that remaining jail sentence of applicant shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with a surety bond of like amount to the satisfaction of trial court concerned for his appearance before the registry of this Court on 8th November, 2021 and on Signature Not Verified SAN such other dates as may be fixed by the registry in this regard.

Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.04.29 17:08:03 IST 2 CRR-1122-2021 The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion

that the applicant can be released, then he shall be released.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

RAGHVENDRA

Signature Not Verified SAN

Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.04.29 17:08:03 IST