Ishwarsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8043 MP

             The High Court Of Madhya Pradesh
                        CRR No. 3056 of 2021
                (ISHWARSINGH Vs THE STATE OF MADHYA PRADESH)


Indore, Dated : 01-12-2021
      Shri Manoj Saxena, learned counsel for the petitioner .
      Ms. Sofia Khan PL for the respondent/State.

Present revision has been filed by the petitioner under section 401/397(2) of Cr.P.C for setting aside of the impugned judgment dated 08/09/2021 and extension of time for depositing the compensation amount and fine amount.

Heard on IA No.28741/22021 which is an application filed under section 397(2) of the Cr.P.C for grant of bail and suspension of execution of jail sentence of the petitioner.

Learned counsel for the petitioner has submitted that he has been convicted under sections 325 and 323 of IPC and the first Appellate Court has granted him the benefit of probation and directed to deposit compensation amount of Rs. 7,000/- and fine amount of Rs. 1,000/-, but due to poor financial condition, the petitioner could not deposit the same, therefore, the trial Court dismissed his application and sent him to jail. Hence, learned counsel prays for extension of time for depositing the compensation amount and fine amount as also for grant of bail and suspension of remaining jail sentence of the petitioner.

Per-contra, learned Pl has opposed the revision and prays for its rejection.

Considering all the facts and circumstances of the case, contentions of both the parties, as also taking note of the fact that the petitioner was given the benefit of probation and he was directed to furnish bail bond of Rs. 5000/- and compensation amount of Rs. 7000/- and fine amount of Rs. 1000/-, but due to poor financial condition, he could not deposit the same and he was arrested, I deem it proper to suspend the remaining jail sentence of the petitioner.

Accordingly, I.A. no. 28741/2021 is allowed and the execution of jail sentence of the petitioner is hereby suspended and it is ordered that he be released on bail on his depositing 50% of the fine amount and furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 02/02/2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

However, the petitioner is permitted to deposit the rest compensation amount as well as the fine amount in the concerned trial Court within a period of two months from the date of this order.

List the matter in due course.

C C as per rules.

( ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2021.12.04 10:10:33 +05'30'