Alkesh Kumar Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 4485 MP

                                   1                                  CRR-1743-2021
        The High Court Of Madhya Pradesh
                   CRR-1743-2021
                (ALKESH KUMAR PATEL Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 18-08-2021
       Heard through Video Conferencing.
       Shri R.K. Dwivedi, Advocate for the applicant.
       Ms. Ashwini Paranjpe, Panel Lawyer for the respondent/State.

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

Admit.

This criminal revision has been filed against the judgment dated 28.06.2021 passed by Sessions Judge, Sidhi (M.P.) in Cr.A No.30/2021 whereby appeal preferred by the applicant has been dismissed and judgment passed in Criminal Case No.1195/2015 dated 18.03.2021 passed by JMFC, Sidhi, has been affirmed.

Als o heard on I.A No. 13831/2021, which is an application for suspension of jail sentence. The applicant has been convicted under Section 304-A of IPC and sentence to undergo 1 year R.I. and fine of Rs.1000/- with

default stipulation.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. 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 the applicant be allowed and the period of his remaining jail sentence be suspended and he be released on bail.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the contentions of the 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 2 CRR-1743-2021 allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the applicant Alkesh Kumar Patel shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond for sum of Rs.50,000/- (Rupees 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. C.C as per rules.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.08.18 17:31:25 IST