Kripal Singh vs Krishana Bai
2021 Latest Caselaw 4491 MP

                                                                                1                            CRR-1499-2021
                                                      The High Court Of Madhya Pradesh
                                                                 CRR-1499-2021
                                                                       (KRIPAL SINGH Vs KRISHANA BAI)

                                            2
                                            Indore, Dated : 18-08-2021
                                                    Shri Gourav Shrivastava, learned counsel for the applicant.
                                                    Shri Aniruddha Saxnea, learned counsel for respondent.

Heard on the question of admission. Record perused. The revision is admitted for hearing. Also heard on IA No.16978/2021, an application under Section 397(1)

of the Cr.P.C. for suspension of jail sentence filed on behalf of the applicant.

Applicant has filed this revision petition against the judgment dated 14/6/2021 passed by ASJ, Susner, District Shajapur in Criminal Appeal No.35/2019, whereby the learned appellate Court has partly allowed the appeal and affirmed the judgment of conviction dated 10.07.2019 passed in Criminal Case No.75/2014 by JMFC, Susner whereby conviction under 498- A IPC was maintained, however the sentence was reduced from 2 years to one year with fine of Rs.5,000/- with default stipulation.

Learned counsel for the applicant submits that trial court was wrong in

not considering the material omissions and contradictions in the statement of prosecution witnesses. The hearing of this petition would likely to take long time, hence prayed for suspension of sentence and release of the applicant on bail.

On the other hand, learned counsel for the respondent opposed the prayer.

Considering the short sentence involved in the matter and the fact that petition is likely to take time for final hearing, the application is allowed and the jail sentence against the applicant shall remain suspended and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in Signature Not VerifiedDigitally signed by SAN SMT MUKTA the like amount to the satisfaction of the trial Court for his appearance before KOUSHAL Date: 2021.08.18 17:15:36 IST 2 CRR-1499-2021 the Registry of this Court on 20/12/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this petition.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

List the matter after four weeks.

C.c as per rules.

(VIVEK RUSIA) JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.08.18 17:15:36 IST