Govind @ Pota vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 2858 MP

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       THE HIGH COURT OF MADHYA PRADESH
                   Cr.R. No. 857/2016
         Govind @ Pota & anotherVs. State of M.P.

Gwalior Bench:
Dated :30.06.2021

      Shri F.A. Shah, learned counsel for the petitioner/revisionist.

      Shri B.M. Shrivastava, learned PP for the respondent/State.

Heard on I.A. No. 15795/2021, first application under Section

397(1) of Cr.P.C. for suspension of sentence filed on behalf of

petitioner No. 1-Govind @ Pota.

The petitioner has been convicted under Section 325/34 of

IPC and sentenced to undergo one year RI with fine of Rs.1,000/-

and in default of fine two months RI.

Learned counsel for the petitioner submits that the petitioner

has suffered incarceration for more than seven months as per the

record of the trial Court and total period of conviction and jail

sentence is of one year given by the trial Court. Learned cousnel

informs this Court that after passing of judgment dated 26.08.2016

passed by Special Judge/Additional Sessions Judge, Shivpuri, the

petitioner was convicted and sentenced by special Court (NDPS) at

Indore and thereafter in another case by sessions Court, Guna,

therefore, he could not be released. Looking to the period of custody

suffered by the petitioner during trial, this case be considered for

suspension of sentence. Fine amount has already been deposited and

THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 857/2016 Govind @ Pota & anotherVs. State of M.P.

he undertakes to abide by terms and conditions as imposed by this

court and trial court and would appear regularly before the office of

this court. He further undertakes not to be a source of imbarrassment

and harrassment to the complainant party in any manner and shall

not move in their vicinity. Hearing of revision shall take some time

to be concluded. Therefore, suspension of sentence may be granted

to the petitioner.

Learned Public Prosecutor for the State opposed the prayer

and prayed for its rejection.

Considering the submissions and the period of custody

suffered by the petitioner, without commenting on the merits of the

case as there is no possibility of early hearing of this criminal

revision before this Court, hence, I.A. No.15795/2021 is allowed

subject to deposit of fine amount and it is ordered that on furnishing

a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with

a solvent surety of the like amount to the satisfaction of the

concerned trial Court, petitioner's jail sentence shall remain

suspended till disposal of this revision and he be released on bail.

The petitioner is further directed to remain present before the

Registry of this Court on 27.09.2021 and, thereafter, on such

THE HIGH COURT OF MADHYA PRADESH Cr.R. No. 857/2016 Govind @ Pota & anotherVs. State of M.P.

subsequent dates as may be fixed by the Registry.

I.A. No.15795/2021 stands disposed of.

(Anand Pathak) Judge neetu SMT NEETU SHASHANK 2021.07.01 11:22:09 +05'30'