Ashok Kumar vs The State Of M.P
2021 Latest Caselaw 3626 MP

                                   1                             CRR-1587-2021
        The High Court Of Madhya Pradesh
                   CRR-1587-2021
                         (ASHOK KUMAR Vs THE STATE OF M.P)

1
Jabalpur, Dated : 26-07-2021
      Heard through Video Conferencing.
      Shri Aishwarya Sahu, Advocate for the applicant.
      Smt. Ashwini Paranjape, P.L. for the State.
      Heard on the question of admission.
      Revision is admitted for final hearing.

      Record of the Courts below be called for.
      He a r d on I.A.No. 12712/2021, which is an application for suspension
of sentence and grant of bail to the applicant.
      The revision has been preferred under Section 397/401 of the Cr.P.C.,
1973 by the applicant against impugned judgment dated 08.07.2021 in
Cr.A.No.39/2017 passed by IInd Addl. Sessions Judge Itarsi, District
Hoshangabad (M.P)., arising out of the judgment and findings dated
22.03.2017

passed by JMFC Itarsi, District Hoshangabad in CR. Case. No.312/2016 and convicted the applicant for the offence punishable under

Section 354 of the IPC and has been sentenced to undergo R.I. for one year with fine of Rs.500/- with default stipulation.

Learned counsel for the applicant submits that the applicant has already deposited the fine amount. He is in jail since 08.07.02021. He was on bail during the trial. There are fair chances to succeed in the case. Final hearing of this revision will take time. Therefore, the application filed on behalf of the applicant may be allowed and period of his remaining jail sentence may be suspended and he may be released on bail.

On the other hand, learned PL opposed the bail application and prayed for rejection of the same.

Considering the contentions of learned counsel for the parties and looking to the facts and circumstances of the case and revision will take time 2 CRR-1587-2021 for its final disposal but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicant and grant bail to him.

Consequently, I.A.No.12712/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicant shall remain suspended during the pendency of this revision.

Applicant Ashok Kumar be released from custody on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court. The applicant shall appear and mark her presence before Trial Court on 08.12.2021 and on subsequent dates as may fixed by the trial Court from time to time till final disposal of the case.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned PL, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also.

Certified copy/e-copy as per rules/directions.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.07.26 17:37:17 IST