Roop Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8720 MP

                                                                    1                              CRR-3292-2021
                                          The High Court Of Madhya Pradesh
                                                   CRR No. 3292 of 2021
                                                     (ROOP SINGH Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 13-12-2021
                                         Shri Shivam Agrawal, learned counsel for the applicant.

                                         Shri Anshul Misrha, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

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

Let record of the Court's below be called for. Heard on I.A. No.21737/2021, 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 29.11.2021

passed by the IInd Additional Sessions Judge, Sehore, District Sehore (M.P.) in Cr.A.No.10/2021, whereby the judgment of conviction and order dated 25.02.2021 passed by Judicial Magistrate First Class, Sehore District Sehore (M.P.) has been modified. Consequently, the applicant stands convicted

under Sections 451 of IPC and sentenced to undergo R.I. for one year with fine of Rs.1000/- with default stipulation and under Section 354 of IPC and sentenced to undergo R.I. for one year with fine of Rs.1000/- 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 Sehore. 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. Signature Not Verified SAN Taking into consideration the facts and circumstances of the case, I.A.

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.14 10:27:26 IST 2 CRR-3292-2021 No.21737/2021 is allowed.

I t is, therefore, directed that if applicant namely Roop Singh 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 7 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.

(S. A. DHARMADHIKARI) JUDGE

vinay*

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.14 10:27:26 IST