Komal Shivhare vs The State Of Madhya Pradesh
2021 Latest Caselaw 3440 MP

                                  1                                CRR-1498-2021
        The High Court Of Madhya Pradesh
                   CRR-1498-2021

(KOMAL SHIVHARE Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 19-07-2021 Heard through Video Conferencing.

Heard through video conferencing Shri Hemant Kumar Goyal, counsel for the applicant 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 Alok Sharma, learned Panel Lawyer for the State on IA No. 19685/2021 which is an application under Section 397(1) of CrPC (in the application it has been wrongly mentioned as under Section 389(1) of CrPC) filed on behalf of applicant Komal Shivhare for suspension of sentence and grant of bail.

Previously, the applicant accused was convicted under Section 3/7 of Essential Commodities Act and sentenced to undergo rigorous imprisonment of one year with a fine of Rs.800/- with default stipulation by the Court of

JMFC, Shivpuri by judgment dated 28/04/2016. That judgment of conviction and order of sentence was maintained by the Appellate Court (Sixth ASJ, Shivpuri) by judgment dated 09/06/2021. Thereafter, the applicant has preferred the present revision.

It is submitted by the Counsel for the applicant that the applicant has surrendered before the Court below on 28/06/2021 and since then, he is in custody. The fine amount has not been deposited by the applicant. Hence, it is prayed that the remaining execution of jail sentence of applicant-accused may be suspended.

The application is opposed by State Counsel. Looking to the facts and circumstances of the case as well as short term of sentence awarded by the trial Court and maintained by Appellate 2 CRR-1498-2021 Court, the application is allowed. It is directed that subject to deposit of fine amount, if the applicant furnishes a solvent surety in the sum of Rs.10,000/- (Rupees ten thousand only) and executes a personal bond in the like amount to the satisfaction of concerning trial Court, 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 20th December, 2021 and on such other dates as may be directed by the Office.

E-copy/certified copy 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

KUMAR OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e345 1ee450d883083a8e4cc8020eee6f7cb,

BARIK cn=MAHENDRA KUMAR BARIK Date: 2021.07.20 10:24:44 +05'30'