Citation : 2021 Latest Caselaw 8624 MP
Judgement Date : 10 December, 2021
1 CRR-3015-2021
The High Court Of Madhya Pradesh
CRR No. 3015 of 2021
(GHANSHYAM LADIYA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-12-2021
Ms.Savita Choudhary, learned counsel for the applicant.
Mrs.Arti Dwivedi, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
This revision involves arguable point, therefore, it is admitted for hearing.
Also heard on I.A. No.20440/2021, an application for suspension of sentence and grant of bail to the applicant.
Vide the impugned judgment dated 09/11/2021 passed by the Additional Sessions Judge, Patan District Jabalpur, the applicant has been convicted for the offence punishable under Section 325 of IPC and sentenced thereunder to suffer RI for 6 months with fine of Rs.1000/- failing which further RI for 3 months.
Learned counsel for the applicant submits that the applicant in in jail since 09/11/2021. She further submits that the jail sentence awarded
to applicant is of short term and the final hearing of this revision would take a long time. She also submits that if jail sentence awarded to applicant is not suspended and he is not released on bail, the very purpose of filing this revision would be frustrated. Therefore, remaining jail sentence of applicant may be suspended and he may be released on bail.
Learned Panel Lawyer appearing for the respondent/State on the other hand has opposed the application.
Considering the fact that the applicant has been awarded the sentence for six months and he is in jail since 09/11/2021, the revision would take time to be heard finally, without commenting anything on the Signature Not Verified SAN
merits of the case, I am inclined to allow the application for suspension Digitally signed by SUSHMA KUSHWAHA Date: 2021.12.10 17:46:18 IST 2 CRR-3015-2021
of sentence and grant of bail to the applicant. Accordingly, I.A. No.20440/2021 is allowed.
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 CJM, Jabalpur on 30/03/2022 and on such other dates as may be fixed by the Registry in this regard.
List for final hearing in due course.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE
sushma
Signature Not Verified SAN
Digitally signed by SUSHMA KUSHWAHA Date: 2021.12.10 17:46:18 IST
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