Citation : 2021 Latest Caselaw 2930 MP
Judgement Date : 2 July, 2021
1 CRR-1168-2021
The High Court Of Madhya Pradesh
CRR-1168-2021
(DEEPAK NIGAM Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 02-07-2021
Heard through Video Conferencing.
Shri Imran Khan, the learned counsel for the applicant, is heard on IA No.17207/2021, an application under Section 5 of the Limitation Act for condonation of delay in filing the present revision.
As per the contention made by the applicant in the condonation application, there is a delay of 386 days in filing the present revision. It is submitted that during the lockdown period in second wave of covid 19 pandemic situation, the applicant could not file the revision in time. In support of the application, an affidavit has also been filed.
For the reasons mentioned in the application, the same is hereby allowed. Delay in filing the present revision is hereby condoned.
Also heard on the question of admission.
Record of the Courts below be called for.
Admit.
Issue notice.
Also heard the learned counsel for the applicant and Shri N.K.Gupta, learned Panel Lawyer for the State on I.A.No.11296/2021 which is an application under Section 397(1) of CrPC filed on behalf of the applicant for suspension of sentence and grant of bail.
It is submitted by learned Counsel for the applicant that the applicant is in custody since 18/03/2021 after passing the impugned judgment of conviction and sentence in Criminal Appeal.
On due consideration of the application, it is directed that on depositing the fine amount before the Court below (if not deposited by the applicant), if the applicant furnishes a solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and executes a personal bond in the like amount to the 2 CRR-1168-2021 satisfaction of concerning trial Court/CJM concerned, the execution of sentence of imprisonment passed against him shall remain suspended and he shall be released on bail. The applicant shall now appear before the Registry of this
Court on 27th September, 2021 and on such other dates as may be directed by the office.
The application is allowed.
CC as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
MKB
MAHENDRA Digitally signed by MAHENDRA KUMAR BARIK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,
KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451ee450d883083a 8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2021.07.03 10:39:01 +05'30'
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