Brijlal Tyagi vs The State Of Madhya Pradesh
2021 Latest Caselaw 4483 MP

                                     1                               CRR-765-2021
        The High Court Of Madhya Pradesh
                   CRR-765-2021
                    (BRIJLAL TYAGI Vs THE STATE OF MADHYA PRADESH)

5
Jabalpur, Dated : 18-08-2021
      Heard through Video Conferencing.
      Shri Neeraj Singh Chouhan, learned counsel for the applicant.
      Ms. A Pranjapye, learned PL for the respondent/State.

Record of the trial court has been received. Heard on admission.

Admit.

Also heard on I.A. No.4009/2021, which is application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the applicant.

The applicant has filed this revison against the judgment dated 19/01/2021 passed by Session Judge, Sidhi, in Criminal Appeal No.115/2017, whereby the applicant has been convicted under Sections 354(A), 457(1) of IPC and sentencing him to undergo R.I for 1 year and R.I for 1 year respectively and with fine of amount with default stipulation.

Learned counsel for the applicant submits that the applicant is in custody since 15/02/2021. The finding of the trial court is contrary to the material available on record and final disposal of the revision will take time. The applicant was on bail during the trial. Hence, the application filed on behalf of applicant be allowed and the period of his remaining jail sentence be suspended and he be released on bail.

Learned PL has opposed the application and prayed for its rejection. Having considered the contentions of learned counsel for the parties and on perusal of record of trial court, in view of this Court the applicant is entitled to get suspension of sentence. Hence this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the applicant Brijlal Tyagi shall remain 2 CRR-765-2021 suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 20/12/2021 and thereafter on all other such subsequent dates as may be fixed by the Court in this regard during the pendency of the revision.

In case, applicant is found absent on any date fixed by the trial court, then the said trial court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List for final hearing in due course as per listing policy. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

tarun TARUN KUMAR SALUNKE 2021.08.18 16:27:08 +05'30'