Mohd. Sheroo Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8400 MP

                                   1                                CRR-2765-2021
           The High Court Of Madhya Pradesh
                    CRR No. 2765 of 2021
               (MOHD. SHEROO KHAN Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 07-12-2021
      Mr. Dhananjay Chaturvedi, Advocate for the applicant.

      Mr. Punit Shroti, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Perused the impugned judgment.

Revision appears to be arguable, therefore, it is admitted for final

hearing.

Also heard on I.A. No.19220/2021, which is an application for suspension of sentence and grant of bail to the applicant.

This revision is against the judgment dated 09.10.2021 passed in Criminal Appeal No.14/2018 by the Additional Sessions Judge, Byohari, District Shahdol, whereby the Appellate Court affirmed the finding given by the Judicial Magistrate First Class, Byohari, District Shahdol in Sessions Trial No.643/2014 by which the applicant has been convicted for the offence punishable under Sections 287 and 338 of the Indian Penal Code and

sentenced thereunder to suffer R.I. for three months and six months respectively with fine of Rs.1,000/- with default stipulation.

Learned counsel for the applicant submits that the applicant is in jail since 09.10.2021. He further submits that the applicant is ready to abide by the conditions imposed by the Court, if bail is granted to him. He further submits that the final hearing of the revision will take a long time and if the applicant remains in jail, the purpose of filing this revision would be frustrated.

On the other hand, learned Panel Lawyer has opposed the application for suspension of sentence.

Considering the aforesaid and taking note of period of sentence awarded to the applicant, I am inclined to consider and allow the application. Accordingly, I.A. No.19220/2021 is allowed.

2 CRR-2765-2021 It is directed that on applicant's depositing the entire fine amount, if not deposited, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before

the registry of this Court on 24.03.2022 and on such other dates as may be fixed by it in this regard.

Let records of both the Courts below be requisitioned. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE Devashish

DEVASHISH MISHRA 2021.12.08 10:35:40 +05'30'