Madhya Pradesh High Court
Roopnarayan Sahu (Rathore) vs The State Of Madhya Pradesh on 7 December, 2021
Author: Sushrut Arvind Dharmadhikari
1 CRR-3277-2021
The High Court Of Madhya Pradesh
CRR No. 3277 of 2021
(ROOPNARAYAN SAHU (RATHORE) Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 07-12-2021
Shri Madan Singh, learned counsel for the applicant.
Shri Sanjeev Kumar Singh, learned Panel Lawyer for the respondent.
Heard on the question of admission.
This criminal revision appears to be arguable, hence, it is admitted for
final hearing.
Shri Sanjeev Kumar Singh accepts notice on behalf of the
respondent/State.
Record of the Courts below be called for.
Heard on I.A. No.21651/2021, which is an application filed under
Section 397 of Cr.P.C. for suspension of sentence and grant of bail to the
applicant.
This criminal revision is directed against the judgment dated 30.11.2021
passed by the 5th Additional Sessions Judge, Chhatarpur, District Chhatarpur
(M.P.) in Cr.A.No.333/2015, whereby the judgment of conviction and order
of sentence dated 14.07.2015 passed by the Magistrate Gram Nyalaya,
District Chhatarpur (M.P.) in Criminal Case No.1436/2007 has been affirmed.
Consequently, the applicant stands convicted under Sections 279, 337 (5
counts), 338 (5 counts), 304A of IPC, Section 39/192 of Motor Vehicle Act
and sentenced to undergo R.I. for 4 months with fine of Rs.100, R.I. for 4-4
months with fine of Rs.100/- 100/-, R.I. for 8-8 months with fine of Rs.200/-
200/-, R.I. for 1 year 6 months with fine of Rs.500/- and fine of Rs.2,000/-
respectively, with default stipulations.
Learned counsel for the applicant submits during the trial and appeal,
the applicant was on bail and he never misused the liberty granted by the
Court. He has wrongly been convicted. Learned Courts below have erred in
appreciating the evidence on record. In view of outbreak of COVID-19,
Signature Not Verified
SAN
detention of the applicant in already congested prison may be detrimental.
Digitally signed by VARSHA
CHOURASIYA
Date: 2021.12.08 17:12:16 IST
2 CRR-3277-2021
The applicant is permanent resident of District Chhatarpur. There are fair
chances of success of this revision and the revision may take long time for its
conclusion. With the aforesaid submissions, prayer for suspension of
sentence is made.
The prayer is opposed by learned counsel for the State.
Taking into consideration the facts and circumstances of the case, I.A.
No.21651/2021 is allowed.
It is, therefore, directed that if applicant namely Roopnarayan Sahu
(Rathore) deposits the entire fine amount along with the interest, if not
already deposited, and furnishes a personal bond in the sum of Rs. 50,000/-
(Rupees fifty thousand) with a solvent surety in the like amount to the
satisfaction of trial Court for his appearance before the Registry of this Court
on 8 th March, 2022 and on such subsequent dates as may be fixed in this
regard, the sentences of imprisonment awarded to him shall remain
suspended till further orders and he shall be released on bail.
The applicant shall also furnish a written undertaking that he will abide
by the terms and conditions of various circulars, as well as, orders issued by
the Central Government, State Government and local administration from time
to time such as maintaining social distancing, physical distancing, hygiene etc.
to avoid proliferation of Corona virus.
List this case for final hearing in due course.
A copy of this order be sent to the trial Court concerned for
compliance.
Certified copy/e-copy as per rules/directions.
(S. A. DHARMADHIKARI)
JUDGE
vc
Signature Not Verified
SAN
Digitally signed by VARSHA
CHOURASIYA
Date: 2021.12.08 17:12:16 IST
