Narayan Singh Rajput vs The State Of Madhya Pradesh
2021 Latest Caselaw 8714 MP

                                                                       1                               CRR-2359-2021
                                          The High Court Of Madhya Pradesh
                                                   CRR No. 2359 of 2021
                                                   (NARAYAN SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 13-12-2021
                                         Shri Siddharth Datt, learned counsel for the applicant.

                                         Shri Madhur Shukla, learned counsel for the respondent/EOW.

Heard on the question of admission.

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

Shri Madhur Shukla accepts notice on behalf of the respondent. Heard on I.A. No.17331/2021, which is an application filed under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the applicant.

This criminal revision is directed against the judgment dated 04.09.2021 passed by the Additional Sessions Judge, Bareli, District Raisen (M.P.) in Cr.A.No.100002/2015, whereby the judgment of conviction and order dated 10.12.2014 passed by Judicial Magistrate First Class, Bareli, District Raisen (M.P.) in Criminal Case No.567/2004 has been modified. Consequently, the

applicant stands convicted under Sections 109, 418, 467, 468, 471, 477(A) of IPC and sentenced to undergo R.I. for three years with fine of Rs.100/- on each count respectively, with default stipulation.

Learned counsel for the applicant submits that present applicant has wrongly been convicted. 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 Raisen. 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 respondent. Taking into consideration the facts and circumstances of the case, I.A. No.17331/2021 is allowed.

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.14 10:27:24 IST 2 CRR-2359-2021 I t is, therefore, directed that if applicant namely Narayan Singh Rajput 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 14 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

vinay*

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.14 10:27:24 IST