Lateef Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3810 MP

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             The High Court of Madhya Pradesh
                                                        Cr.R.No.1714/2021

                    (Lateef Khan Vs. State of M.P.)

Gwalior dated 31.07.2021

      Shri Brijesh Kumar Tyagi, learned counsel for the petitioner.

      Shri   Pramod     Pachauri,    learned   Public    Prosecutor    for

respondent/State.

Heard on admission.

Revision being arguable is admitted for final hearing.

Record of the courts Court be called for.

Also Heard on IA.No.22503/2021, first application u/Sec. 397(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

petitioner - Lateef Khan.

This criminal revision has been filed against the judgment dated

23.7.2021 passed by the First Additional Sessions Judge, Ganj Basoda,

Link Court Kurwai, Distt. Vidisha, in Criminal Appeal No. 20/2019

whereby judgment of the trial Court dated 22.11.2019 passed in

M.Cr.C.No.487/2012 has been affirmed convicting the petitioner under

Sections 279, 337 (on two counts), 304-A of IPC with maximum

sentence of one year RI.

It is submitted by learned counsel for the petitioner that during

trial as well as appeal petitioner was on bail, but he did not misuse the

liberty so granted. Amount of fine has been deposited by him. It is

further submitted that looking to the short term of sentence and Covid-

19 pandemic situation, sentence of the petitioner may be suspended

during pendency of the revision.

The High Court of Madhya Pradesh Cr.R.No.1714/2021

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.22503/2021 is allowed

and it is directed that the jail sentence of petitioner will remain under

suspension subject to verification that amount of fine has been

deposited, on petitioner's furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand Only) with one solvent surety of the like

amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 20th December, 2021

and on such further dates as may be fixed by the office in this regard.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2021.08.02 13:36:05 -07'00'