Jagannath Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4728 MP

HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Revision No.1390/2021 (Jagannath Singh vs. The State of Madhya Pradesh) Jabalpur, dated : 26.08.2021.

Shri Sachin Shukla, counsel for the petitioner. Shri Amit Bhurrak, Panel Lawyer for the State. Heard on admission.

Revision appears to be arguable, therefore, admited for hearing.

Also heard on I.A.No.10987/2021 which is an application under Section 389 (1) of CrPC for suspension of sentence of the petitioner.

2. By way of present revision under Section 397/401 of CrPC, the petitioner has challenged the judgment and order dated 09.06.2021 passed by Additional Sessions Judge, Beohari, District Shahdol whereby the judgment dated 09.12.2019 of JMFC, Beohari, District Shahdol has been upheld. Vide said judgment, the petitioner has been convicted and sentenced as under :

                                         Conviction                             Sentence
                                        379 IPC         12 months RI Fine Rs.1,000/-         Default- 15 days RI

3. The allegation against the petitioner is that he was found in possession of motor-cycle which was stolen about 28 days before its recovery.

4. It is argued by the counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case as there is enmity between the petitioner and complainant. He has no criminal past. He is permanent resident of the district Shahdol. There is no possibility of his absconding. He is ready to furnish adequate surety and to abide by all the terms and conditions as may be imposed by the Court, therefore, custodial sentence of the petitioner be suspended.

5. Per contra, learned Panel Lawyer has opposed the prayer. Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2021.08.27 17:14:52 IST

6. I have heard the submission of learned counsel for the parties.

7. On due consideration of the evidence produced by the prosecution before the trial Court regarding recovery of the motorcycle from the possession of the petitioner and other facts and circumstances of the case, I deem it appropriate to suspend the sentence of the petitioner, therefore, without discussing the merits in detail, I.A.No.10987/2021 is allowed.

8. It is directed that on deposit of entire fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.30,000/- (Thirty thousand rupees) with one surety in the like amount to the satisfaction of the Trial Court for appearance of the petitioner before the trial Court on 14.12.2021 and on subsequent dates as may be fixed by the trial Court, the execution of substantial jail sentence imposed on the petitioner namely Jagannath Singh shall remain suspended, till final disposal of this revision.

9. In the event of non-appearance of the petitioner, the trial Court shall be at liberty to take coercive steps against him to secure his presence under the intimation of this Court.

10. Let the revision be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE @shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2021.08.27 17:14:52 IST