Munishwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8535 MP

                                                                  1                              CRR-3265-2021
                                        The High Court Of Madhya Pradesh
                                                 CRR No. 3265 of 2021
                                                   (MUNISHWAR Vs THE STATE OF MADHYA PRADESH)


                                Jabalpur, Dated : 09-12-2021
                                       Ms. Versha Kothari, learned counsel for the applicant.

                                       Mr. Anshul Mishra, learned counsel for the respondent/State.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is admitted for final hearing.

Mr. Anshul Mishra accepts notice on behalf of the respondent/State. Also heard on I.A. No.21584/2021, 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 23.11.2021

passed by the 2n d Additional Sessions Judge, Waraseoni, District Balaghat (M.P.) i n Cr.A.No.500195/2016, whereby the judgment of conviction and order of sentence dated 21.07.2016 passed by Judicial Magistrate First Class, Katangi, District Balaghat (M.P.) in Criminal Case No.1000/2015 has been

affirmed. Consequently, the applicant stands convicted under Sections 354, 323 of IPC and sentenced to undergo R.I. for two years with fine of Rs.500/- , R.I. for 3 months with fine of Rs.500/- respectively, with default stipulations.

Learned counsel for the applicant submits that during the trial and appeal, the applicant was on bail and he never misused the liberty granted by the Court. Learned Courts below have erred in appreciating the evidence on record. In view of outbreak of COVID-19, detention of the applicant in already congested prison may be detrimental. The applicant is permanent resident of District Balaghat. There are fair chances of success of this revision and the revision may take long time for its conclusion. Looking to the sentence of the applicant, if execution of jail sentence of the applicant is not Signature Not Verified SAN suspended then this rivision will turn infructuous because it cannot be Digitally signed by VARSHA CHOURASIYA Date: 2021.12.10 15:40:24 IST 2 CRR-3265-2021 decided within one year in future. Under these circumstances, it is prayed that execution of sentence of the applicant be suspended and he be released on bail.

The prayer is opposed by learned counsel for the respondent/State. Taking into consideration the facts and circumstances of the case, I.A.

No.21584/2021 is allowed.

It is, therefore, directed that if applicant namely Munishwar 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: 2021.12.10 15:40:24 IST