Jarman Singh Shakhwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 9129 MP

                                       1                            CRR-3330-2021
          The High Court Of Madhya Pradesh
                   CRR No. 3330 of 2021
                (JARMAN SINGH SHAKHWAR Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 22-12-2021
         Shri Rahul Bansal, learned counsel for the petitioner.

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

Heard on I.A. No.32995/2021, an application for suspension of sentence filed on behalf of the petitioner- Jarman Singh Shakhwar.

This criminal revision has been filed against the judgment dated 04.12.2021 passed by First Additional Sessions Judge, Gohad, District Bhind (M.P.) in Criminal Appeal No.100004/2015 affirming the judgment of conviction and sentence dated 23.05.2014 passed by Judicial Magistrate First Class, Gohad, Distt. Bhind (M.P.) in Criminal Case No.875/2008, by which the petitioner has been convicted under Section 304-A of IPC and has been sentenced to undergo rigorous imprisonment of one year with fine of Rs.1,000/- with default stipulation.

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 36 years. He is in custody since 04.12.2021 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.32995/2021) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby 2 CRR-3330-2021 directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs.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 Registry of this Court on 14.02.2022 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

pwn* PAWAN KUMAR 2021.12.22 17:45:07 +05'30'