Manoj Saxena vs The State Of Madhya Pradesh
2021 Latest Caselaw 2648 MP

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                                                     Cr.R. No. 1344/2021

       THE HIGH COURT OF MADHYA PRADESH
                  Cr.R. No. 1344/2021
             (Manoj Saxena Vs. State of M.P.)

Gwalior, Dated : 23/06/2021

      Shri Vinod Pathak, Advocate, for the petitioner.

      Shri Pramod Pachauri, learned Public Prosecutor for the State.

      Learned counsel for rival parties are heard through Video

Conferencing.

      I.A.No.16026/2021, 1st application for suspension of jail

sentence and grant of bail moved on behalf of the petitioner-Manoj

Saxena u/S. 397(1) of Cr.P.C. is taken up and considered.

      Challenge in this revision is to the appellate order dated

14/03/2020

passed in Cr.A.314/2019 by 14 th ASJ Gwalior, District

Gwalior (M.P.), whereby the appeal of the petitioner was dismissed

upholding the judgment dated 07/09/2019 passed by JMFC, Gwalior

in Criminal Case No.7312/2002, whereby petitioner has been

convicted and sentenced as under:-

    Sections       Punishment                         Fine
   205 of IPC       1 year's R.I.                       -
   420 of IPC      1½ years' R.I.       Rs.1000/- with default stipulation

Learned counsel for the petitioner submits that petitioner has

suffered about one year and three months of incarceration as against

one year and six months' R.I. awarded.

The matter could have been heard and decided finally but the

same is not possible through video conferencing since the entire

Cr.R. No. 1344/2021

record is in PDF.

Let the case be taken up in the third week of July, 2021 in

motion for hearing on admission along with record.

Meanwhile, in view of the reasons mentioned in the application

coupled with the fact that there is no possibility of the revision

coming up for final hearing in near future and also looking to the

short period of sentence awarded, without expressing any opinion on

the merits, awaiting admission of the revision , this court is inclined

to extend the benefit of suspension of sentence to the petitioner.

Accordingly, I.A.No. 16026/2021 is allowed.

It is directed that the jail sentence of the petitioner-Manoj

Saxena will remain under suspension, subject to depositing fine

amount and furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned/available Magistrate for his appearance

before the concerned Magistrate on 28/07/2021 and all other

subsequent dates as may be fixed by him which shall be of frequency

not less than once a year.

In case, the petitioner is found absent on any date fixed by the

concerned/available Magistrate then the said Magistrate shall be free

to issue and execute warrant of arrest for securing his presence

without first referring the matter to this Court, provided the Registry

of this Court is kept informed.

The learned concerned Magistrate and the prosecution are

Cr.R. No. 1344/2021

directed to ensure following of Covid-19 precautionary protocol

prescribed from time to time by the Supreme Court, the Central Govt.

and as well as the State Govt during release, travel and residence of

the petitioner during period of suspension of sentence as a

consequence of this order.

Let the case be taken up in the third week of July, 2021 in

motion for hearing on admission along with record.

C.c. as per rules.

(Sheel Nagu) Judge

suneel

SUNEEL Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

DUBEY st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00 a11fc66a5e160f585aa7a92425f380d47 6b32818, cn=SUNEEL DUBEY Date: 2021.06.24 13:31:30 -07'00'