Zaheer @ Chotu vs The State Of Madhya Pradesh
2021 Latest Caselaw 8996 MP

                                       1                            CRR-3132-2021
        The High Court Of Madhya Pradesh
                 CRR No. 3132 of 2021
                  (ZAHEER @ CHOTU Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 20-12-2021
       Shri Pawan Devnani, learned counsel for the petitioner.

       Shri   Purushottam          Tanwar,   learned   Panel   Lawyer   for   the
respondent/State.

Heard on I.A. No.32362/2021, an application for suspension of sentence filed on behalf of the petitioner- Zaheer @ Chotu.

This criminal revision has been filed against the judgment dated 12.11.2021 passed by First Additional Sessions Judge, Shivpuri (M.P.) in Criminal Appeal No.32/2020 affirming the judgment of conviction and sentence dated 11.01.2020 passed by Judicial Magistrate Second Class, Distt. Shivpuri (M.P.) in Criminal Case No.RCT/410/2018, by which the petitioner has been convicted under Section 480 of IPC and has been sentenced to undergo rigorous imprisonment of six months with fine of Rs.1,000/- and in default of payment of fine, one months additional rigorous imprisonment.

Learned counsel for the petitioner submits that the petitioner has been

wrongly convicted by the appellate Court as well as by the trial Court. He is aged about 20 years. He is in custody since 12.11.2021 and there is no possibility of final hearing of this revision in near future. Fine amount has already been deposited by the him. He is ready & willing to abide by any condition which may be imposed by this Court. Hence, prays to suspend the jail sentence of the petitioner.

Learned Panel Lawyer for the State vehemently opposed the prayer and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and 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.32362/2021) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby 2 CRR-3132-2021 directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs.25,000/- (Rupees Twenty 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 Registry of this Court on 31.01.2022 and on subsequent dates given by the Office in this regard, till

final disposal of this revision.

Let a copy of this order be sent to the Court below concerned for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

shanu*

Digitally signed by SHANU RAIKWAR Date: 2021.12.20 17:08:40 -08'00'