Citation : 2021 Latest Caselaw 4850 MP
Judgement Date : 31 August, 2021
1 CRR-1044-2021
The High Court Of Madhya Pradesh
CRR-1044-2021
(ARUN YADAV Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 31-08-2021
Heard through Video Conferencing.
Shri Vivek Shukla, Advocate for the applicant.
Shri K.K. Verma, Panel Lawyer for the respondent/State.
Heard on admission.
Admit.
Record of the trial Court has been received. Also heard on I.A.No.5485/2021 filed on behalf of the applicant for suspension of sentence.
This revision has been preferred against the judgment dated 19.03.2021 passed by III Additional Judge to the Court of I ASJ, Sidhi, District Sidhi in Criminal Appeal No.125/19 whereby the First Appellate Court confirmed the judgment dated 29.11.2019 passed by the Judicial Magistrate First Class, Sidhi, in Criminal Case No.RCT/900577/12. The trial Court convicted the applicant for the offence punishable under Section 279 of the IPC and
directed to deposite fine of Rs.500/- with default stipulation and under Section 304-A of the IPC and sentenced him to undergo R.I. for 6 months.
Learned counsel for the applicant submits that the applicant was on bail during trial and there is no allegation of misusing the same and if he is not released on bail the purpose of filing the present revision would become infructuous. Hence prayer is made to suspend the jail sentence and release the applicant on bail.
Learned Panel Lawyer opposed the bail application. Having considered the arguments advanced by the learned counsel for the parties and looking to the other facts and circumstances of the case, this application (I.A. No.5485/2021) is allowed.
It is ordered that subject to payment of fine amount, if not already 2 CRR-1044-2021 deposited, the execution of jail sentence of the applicant Arun Yadav shall remain 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/- (Rupees Fifty Thousand only) with one 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 trial
Court in this regard.
In case, the applicant is found absent on any date fixed by the trial Court then the said 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.
Let this case be listed for final hearing in due course as per listing policy.
Certified copy as per rules.
(ARUN KUMAR SHARMA) JUDGE
ashish
Signature Not Verified SAN
Digitally signed by ASHISH KUMAR LILHARE Date: 2021.08.31 17:54:11 IST
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