Chotu Alias Bahadur vs The State Of Madhya Pradesh
2021 Latest Caselaw 3912 MP

                                   1                              CRR-1736-2021
        The High Court Of Madhya Pradesh
                   CRR-1736-2021
               (CHOTU ALIAS BAHADUR Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 03-08-2021
      Heard Shri Rajmani Bansal, learned Counsel for the applicant on the
question of admission.
      Record of the Courts below be called for.
      Admit.
      Issue notice.

      Also heard the learned Counsel for the applicant and Shri Gupta,
learned Panel Lawyer for the State on IA No.22824/2021, an application u/S.
397(1) of CrPC filed on behalf of the applicant for suspension of sentence
and grant of bail.
      By judgment dated 10/01/2020, passed in Criminal Case No. 1621/2018
by JMFC, Guna the applicant was convicted under Section 379 IPC and
sentenced to undergo six months' RI with fine of Rs.200/- and the criminal
appeal preferred by the applicant against the judgment of the trial Court, has
been dismissed by the Appellate Court by judgment dated 26/07/2021 passed

in Criminal Appeal No.35/2020. Hence, the present revision.
      It is submitted by the learned Counsel for the applicant that the
applicant is in jail from the date of passing of impugned judgment i.e.
26/07/2021

and the fine amount has already been deposited by the applicant. Hence, it is prayed that the execution of jail sentence of the applicant may be suspended and the applicant may be released on bail.

On the other hand, the application is opposed by the State Counsel. Considering the short-term sentence awarded by the trial Court and affirmed by appellate Court as well as on due consideration of the submission of the learned Counsel for the applicant, it is directed that if the applicant furnishes a solvent surety in the sum of Rs.10,000/- (Rupees ten thousand only) and executes a personal bond in the like amount to the satisfaction of 2 CRR-1736-2021 concerning trial Court/CJM, the execution of jail sentence passed against him, shall remain suspended and he shall be released on bail. The applicant shall now appear before the Registry of this Court on 11th January, 2022 and on such other dates as may be fixed by the Office in this regard.

IA is accordingly allowed and disposed of. E-copy/certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

MAHENDRA Digitally signed by MAHENDRA KUMAR BARIK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451ee450d8830 83a8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2021.08.04 11:35:11 +05'30'