Devendra Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8907 MP

                                   1                                CRR-3303-2021
        The High Court Of Madhya Pradesh
                 CRR No. 3303 of 2021
                  (DEVENDRA YADAV Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 16-12-2021
       Presumably due to call given by the Bar Association of Madhya

Pradesh High Court, Gwalior Bench, Advocates are abstaining from the
work, therefore, nobody appeared on behalf of the petitioner.
       The revision being arguable is admitted for final hearing.
       I.A.No. 32903/2021, first application under Section 397 (1) of

Cr.P.C. for suspension of sentence on behalf of the petitioner, is taken up
and considered.
       This    criminal revision has been filed against the judgment dated
02/12/2021

passed by Sessions Judge, Shivpuri in Criminal Appeal No. 38/2019 affirming the judgment of conviction and sentence dated 14/1/2019 passed by Judicial Magistrate First Class, Kolaras, District Shivpuri in Criminal Case No. 1128/2015, by which the petitioner has been convicted under Sections 337 and 304-A of the IPC and has been sentenced to undergo rigorous imprisonment of three months with fine of Rs.500/- and rigorous

imprisonment of one year with fine of Rs.1,000/- respectively with default stipulation.

It is submitted by the petitioner in the interim application for suspension of sentence that the Courts below committed grave error in convicting the petitioner. He has not committed any offence. Prosecution failed to prove its case beyond reasonable doubts. It is further submitted that the petitioner is in custody since the date of judgment and fine amount has already been deposited.

Perused the materials available on record.

Looking to the short period of jail sentence, without commenting on merits of the case, the application (I.A. No. 32903/2021) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the 2 CRR-3303-2021 petitioner shall be released on bail on furnishing personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 22/3/2022 and on subsequent dates given by the Office in this regard, till

final disposal of this revision.

The petitioner is further directed to inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for compliance.

Certified copy/ e-copy as per rules/directions.

ALOK KUMAR
2021.12.16                                       (RAJEEV KUMAR SHRIVASTAVA)
13:51:17
+05'30'                                                     JUDGE
11.0.8
       AKS