Jagdish vs Stae Of M.P.
2021 Latest Caselaw 1632 MP

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                                                               CRR No.307/2021

           High Court of Madhya Pradesh, Jabalpur
                       Bench at Indore
            Criminal Revision No.307/2021
Indore, Dated 28.04.2021
         Hearing through Video Conferencing.

         Mr. Rajesh Jat, learned counsel for applicant Jagdish s/o Kartar

Singh.

         Ms. Geetanjali Chourasia, learned Panel Lawyer for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Criminal revision filed under Section 397 read with Section

401 of the Code of Criminal Procedure, 1973 is admitted for final

hearing.

No separate notice is required to be issued to the respondent /

State.

Also heard on IA No.1363/2021, 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 Section 354-A (1) of IPC and sentenced to undergo

two years RI with fine of Rs.500/- with default stipulation by

judgment dated 11.12.2018 passed by JMFC, Khategaon, District

Dewas (MP) in Criminal Case (RCT) No.499/2013. The aforesaid

judgment has been affirmed by learned Additional Sessions Judge,

Khategaon District Dewas (MP) in Criminal Appeal No.09/2019 vide

CRR No.307/2021

judgment dated 13.01.2021.

Looking to the short sentence imposed on the applicant, learned

counsel for the applicant prays for suspension of jail sentence.

Considering the fact that the sentence of two years 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.1363/2021, 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 22.07.2021 and on

such other dates as may be fixed by the concerned Court in this

regard.

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 for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.04.29 14:13:20 +05'30'