Rupesh Kain vs The State Of Madhya Pradesh
2021 Latest Caselaw 4481 MP

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              HIGH COURT OF MADHYA PRADESH
               Criminal Revision No.1839/2021
    (Rupesh Kain Vs. THE STATE OF MADHYA PRADESH )

Gwalior, Dated: 18.08.2021
      Shri Yash Sharma, learned counsel for the applicant.

      Shri G.P.Chaurasiya, learned Public Prosecutor for the

respondent/State.

Heard on the question of admission.

The revision seems to be arguable, hence admitted

for final hearing.

Record of the Courts below has been received.

Also heard on I.A. No. 24057/2021, which is an

application for suspension of sentence and grant of bail to

the applicant.

Applicant has been convicted under Sections 325, 323,

427 of the I.P.C. and sentenced to undergo one year RI with fine

of Rs.1,000/-, three months R.I. with fine of Rs.500/- and six

months RI with fine of Rs.1,000/- respectively with default

stipulation in Cr.A. No.74/2019 by Second Additional Sessions

Judge, Dabra, District Gwalior, vide judgment dated 5.8.2021.

The allegation against the applicant is that he abused the

complainant for not supplying fried eggs and thereafter kicked

him and punched him. As per MLC report the complainant has

received minor fracture. Learned counsel for the applicant has

pointed out the evidence of Dr. J.K.Bhasoriya (PW-4) wherein he

has stated that this injury could have been a result of fall from

motorcycle.

Learned counsel for the applicant submits that the

applicant is in custody since 6.8.2021 and has deposited

the fine amount on 4.10.2019. It is further submitted that

due to the present Covid-19 situation, there is no likelihood

of final hearing of this revision in near future, hence

remaining jail sentence of the applicant be suspended and

he may be released on bail.

Learned Public Prosecutor appearing for the State has

vehemently opposed the prayer for suspension of sentence

and grant of bail.

Considering the evidence that has come against the

present applicant, but without commenting upon merits of

the case, it is directed that if applicant furnishes a surety in the

sum of Rs.35,000/- (Rs. Thirty Five Thousand Only) and

executes a personal bond in the like amount to the satisfaction

of concerned trial Court, the execution of the remaining

sentence of imprisonment passed against him shall remain

suspended and he shall be released on bail.

After release, the applicant shall now appear before the

Registry of this Court on 16th December, 2021, and on such

other dates which normally will not be less than the period of

eight months as may be directed to him in this regard till final

disposal of this revision.

With the above, the application (I.A. No. 24057/2021)

is finally disposed of.

A typed copy of this order be forwarded by the Registry to

the Office of the Advocate General and to learned Panel Lawyer,

on their respective email addresses, for intimation to the Police

Station concerned.

The office is also directed to forward a copy of this order to

the learned Court below.

List for final hearing in due course.

Certified copy as per rules/directions.

(Nandita Dubey) Judge ms/-

MADHU SOODAN PRASAD 2021.08.18 17:55:15 -07'00'