Shakeel vs The State Of Madhya Pradesh
2021 Latest Caselaw 3330 MP

1         HIGH COURT OF MADHYA PRADESH :
                   BENCH AT INDORE
                    CRR No.653/2021
                  Shakeel Vs. State of MP

Indore: Dated:-15/07/2021:-

Heard through Video Conferencing.

Shri Dharmendra Gurjar, learned counsel for the applicant. Shri RK Shastri, learned Panel Lawyer for the State. Heard on IA-4176/2021, an application filed under Section 397(2) of Cr.P.C. for suspension of jail sentence of applicant Shakil.

This revision assails the judgment dated 26/02/2018 and the conviction and sentence of the applicant is as under:

Section Imprisonment Fine Imprisonment in lieu of fine 457 IPC 2 years 200/- 1 month 380 IPC 2 years 200/- 1 month

Learned counsel for the applicant submits that applicant remained in custody for more than 5 months 20 days. The hearing of this revision in near future is not possible in this pandemic era.

No previous criminal record is mentioned in the impugned judgment dated 26/02/2018. The allegation against the applicant was regarding theft from Ambassador car, but owner of the car did not enter the witness box. Applicant has been falsely implicated.

Prayer is opposed by learned Panel Lawyer, but he did not dispute that the applicant already remained in custody for more than 5 months.

Considering the nature of accusation, period undergone, coupled with the fact that hearing of this matter is not possible in near future, I deem it proper to suspend the remaining jail 2 HIGH COURT OF MADHYA PRADESH :

BENCH AT INDORE CRR No.653/2021 Shakeel Vs. State of MP

sentence of the applicants.

Accordingly, IA No.4176/2021 is allowed. Execution of jail sentence of the applicant is hereby suspended and it is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Barwani on 22.12.2021 and also on such other dates, as may be fixed by the trial Court, Barwani, in this regard during the pendency of this revision.

CC as per rules.

(SUJOY PAUL) JUDGE soumya

Digitally signed by SOUMYA RANJAN DALAI Date: 2021.07.15 17:29:55 +05'30'