Madhya Pradesh High Court
Kishan vs The State Of Madhya Pradesh on 22 February, 2021
Author: Sushrut Arvind Dharmadhikari
1 CRR-415-2021
The High Court Of Madhya Pradesh
CRR-415-2021
(KISHAN Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 22-02-2021
Shri Amit Goswami, Advocate for the petitioner.
Shri Giriraj Soni, Panel Lawyer for the respondent/State.
I.A. No.5191/2021, an application for urgent hearing is considered and
allowed.
Heard on the question of admission.
This criminal revision appears to be arguable, hence it is admitted for
final hearing. Record of the courts below be requisitioned.
Also heard on I.A. No.5193/2021, which is first application for
suspension of sentence and grant of bail to the petitioner.
This criminal revision has been preferred against the judgment dated
08.02.2021 passed by Second Additional Sessions Judge, Dabra, District
Gwalior in Cr.A. No.87/2017 arising out of the judgment dated 27.07.2017
passed by Judicial Magistrate First Class, Dabra, District Gwalior in case
No.1583/2010, whereby the petitioner has been convicted under Section 279
of IPC and sentenced to undergo six months' rigorous imprisonment with fine
of Rs.200/-, under Section 337 of IPC and sentenced to undergo three
months' rigorous imprisonment with fine of Rs.100/- and under Section 304-
A of IPC and sentenced to undergo one year's rigorous imprisonment with
fine of Rs.400/- alongwith default stipulations.
Learned counsel for the petitioner submits that the petitioner has been
wrongly convicted. It is further submitted that during trial the petitioner was
on bail and he did not misuse the liberty granted to him. The petitioner has
also deposited the fine amount and the trial Court has already suspended the
sentence of the petitioner. It is also submitted that there are fair chances of
success of this revision and the revision may take long time for its conclusion
and the petitioner cannot be kept in custody for an unlimited period. Under
2 CRR-415-2021
these circumstances, the execution of sentence be suspended and the
appellant be released on bail.
On the other hand, learned Panel Lawyer appearing on behalf of the
respondent/State opposes the bail application.
Keeping in view of the aforesaid submission of learned counsel for the
petitioner and the facts and circumstances of the case, I.A. No.5193/2021 is
allowed.
It is, therefore, directed that if petitioner deposits the entire fine
amount, if not already deposited, and furnishes a personal bond in the sum of
Rs.50,000/-(Rupees fifty thousand only) with solvent surety of the like
amount to the satisfaction of trial Court for his appearance before the
Registry of this Court on 15th June, 2021 and on such subsequent dates as
may be fixed in this regard, sentence of imprisonment awarded to him shall
remain suspended till further orders and he shall be released on bail. The
petitioner 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.
A copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(S. A. DHARMADHIKARI)
JUDGE
SP
SANJEEV
KUMAR PHANSE
2021.02.22
17:32:56 +05'30'
