Madhya Pradesh High Court
Ramsundar Tiwari vs The State Of Madhya Pradesh on 9 December, 2021
Author: Sushrut Arvind Dharmadhikari
(1)
HIGH COURT OF MADHYA PRADESH
Cr. Revision No.2098/2021
(Ramsundar Tiwari Vs. State of M.P.)
JABALPUR : 09.12.2021
Shri Anurag Sahu, learned counsel for the petitioner.
Shri Anshul Mishra, learned Public Prosecutor for the
respondent/State.
Record of the courts below is available.
Heard on I.A.No.21013/2021, an application for taking
additional documents on record.
I.A.No.21013/2021 is allowed. Documents are taken on
record.
Heard on the question of admission.
This criminal revision appears to be arguable, hence, it is
admitted for final hearing.
Shri Anshul Mishra, learned Public Prosecutor accepts notice
on behalf of the respondent/State.
Also heard on I.A. No.15952/2021, which is an application
filed under Section 397 of Cr.P.C. for suspension of sentence and
grant of bail to the petitioner.
This criminal revision is directed against the judgment dated
27.8.2021 passed by the III Addl. Sessions Judge, Sihora, District
Jabalpur (M.P.) in Cr.A.No.306/2013, whereby the judgment dated
13.09.2013 passed by Judicial Magistrate First Class, Sihora, District
Jabalpur in Cr.Case No.530/2001 has been affirmed. Consequently,
the petitioner stands convicted under Section 409 of IPC and
sentenced to undergo R.I. for two years with fine of Rs.1,000/- and
in default to undergo R.I. for 3 months.
Learned counsel for the petitioner submits that present
petitioner is in jail as on date and he has wrongly been convicted.
Learned courts below have erred in appreciating the evidence on
record. Fine amount has already been deposited by the petitioner.
Petitioner was on bail during trial and he did not misuse the liberty
HIGH COURT OF MADHYA PRADESH
Cr. Revision No.2098/2021
(Ramsundar Tiwari Vs. State of M.P.)
so granted. In view of outbreak of COVID 19, detention of the
petitioners in already congested prison may be detrimental. The
petitioner is permanent resident of District Jabalpur. 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 Public Prosecutor.
Taking into consideration the facts and circumstances of the
case, I.A. is allowed.
It is, therefore, directed that if petitioner namely Ramsunder
Tiwari deposits the entire fine amount, if not already deposited,
and furnish 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 30th March, 2022 and on such subsequent dates as
may be fixed in this regard, the sentence of imprisonment awarded
to him shall remain suspended till further orders and he shall be
released on bail. The petitioner 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.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari)
JUDGE
HS
HEMANT SARAF
2021.12.09 18:29:34 +05'30'
