Mahendra Kori vs The State Of Madhya Pradesh
2021 Latest Caselaw 4549 MP

                                  1                               CRR-1817-2021
        The High Court Of Madhya Pradesh
                   CRR-1817-2021
                 (MAHENDRA KORI Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 23-08-2021
      Heard through Video Conferencing.
      Shri Ravi Tiwari, counsel for the applicant.
      Shri Ajay Tamrakar, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Records of the Courts below be called for.

Also heard on I.A.No.14458/2021, which is first application on behalf of applicant for suspension of sentence and grant of bail.

Applicant has been convicted by the learned trial Court vide impugned judgment dated 30.07.2021 in Cr.A.No.9604/2019 passed by learned lower appellate Court, arising out of the judgment and findings dated 30.11.2019 passed by Judicial Magistrate First Class, Katni in Criminal Case No.1804746/2014 convicting the applicant for the offence punishable under 354 of IPC and sentenced him to undergo R.I. for six months with fine of

Rs.5,00/- with default stipulations. Fine has already been deposited by the applicant.

Learned counsel for the applicant submitted that impugned judgment of conviction and sentence is bad in law inasmuch as it has been passed without properly appreciating the oral and documentary evidence on record. The applicant is in custody since the date of judgment i.e. 30.7.2021. Therefore, it is prayed that substantive jail sentence of the applicant be suspended.

Learned Panel Lawyer for the State has strongly opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, sentence awarded by the trial court and that disposal of this revision would take considerable time, without commenting on merits, the application is allowed.

2 CRR-1817-2021 I t is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant - Mahendra Kori shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 03.12.2021 and on all such subsequent dates, as may be fixed in this regard.

Accordingly, I.A.No.14458/2021 is allowed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.08.23 17:38:41 IST