Ramvishal vs The State Of Madhya Pradesh
2021 Latest Caselaw 8120 MP

HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Revision No.2575/2021 [Ramvishal s/o. Shri Sitaram Vs. The State of Madhya Pradesh] Jabalpur, dated : 02.12.2021.

Shri Sachin Shukla, counsel for the petitioner. Shri K.K. Aghnihotri, Panel Lawyer for the State. Heard on admission.

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

Also heard on I.A.No.18413/2021 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 01.10.2021 passed in CRA No.02/2020 by the Third Additional Sessions Judge, Khurai, District Sagar whereby the judgment dated 18.12.2019 passed in Criminal Case No.122/2017 by JMFC, Malthon, District Sagar has been upheld. Vide said judgment, the petitioner has been convicted and sentenced as under :

     Conviction                               Sentence
279 IPC           Till the Court rises       Fine Rs.500/-   Default- 07 days
183       Motor Till the Court rises         Fine Rs.500/-   Default-07 days
Vehilces Act
304-A IPC         One year                   Fine Rs.1000/- Default-15 days.

3. It is argued by the counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He is permanent resident of the District Sagar. 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.

4. Per contra, learned Panel Lawyer has opposed the prayer.

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

6. After going through the statement of witnesses particularly the statement of Pawan Singh (PW-7), cross examination of Pawan Singh (PW-7) and other evidences available on record, I deem it appropriate to suspend the sentence of the petitioner, therefore, without discussing the merits in detail, I.A.No.18413/2021 is allowed.

7. 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 10.01.2022 and on subsequent dates as may be fixed by the trial Court, the execution of substantial jail sentence imposed on the petitioner namely Ramvishal shall remain suspended, till final disposal of this revision.

8. 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.

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

(VIRENDER SINGH) JUDGE RC

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.12.04 11:41:26 +05'30'