Vijay Sharma Urf Bijju vs The State Of Madhya Pradesh
2021 Latest Caselaw 1052 MP

HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Revision No.636/2021 (Vijay Sharma @ Bijju & others vs. State of Madhya Pradesh) Jabalpur, dated : 24.03.2021.

Shri K.G.Saxena, learned counsel for the petitioners. Ms. Prashansa Bais, learned Panel Lawyer for the State. Heard.

Admit.

Also heard on I.A.No.3484/2021 which is an application under Section 389(1) of CrPC for suspension of sentence of the appellants.

2. Vide judgment and order dated 23.02.2021 passed by First ASJ, Umariya, District Umariya the judgment dated 05.01.2015 of JMFC, Umariya, District Umariya has been upheld, whereby, the petitioners have been convicted and sentenced as under :

 Conviction                              Sentence
323 IPC        6 months RI     Fine Rs.100/-        Default- 1 month SI
325 IPC        1 year RI       Fine Rs.500/-        Default- 1 month SI

3. It is argued by the counsel for the petitioners that they are in jail since 23.02.2021. The injuries sustained by the complainant party are simple in nature. The petitioners are agricultural labourers and they have no criminal antecedents. Trial will take long time to conclude. They are permanent resident of the district Umariya. There is no possibility of their absconding, therefore, custodial sentence of the petitioners be suspended.

4. Per contra, learned Panel Lawyer has opposed the prayer, however, submits that the petitioners have no criminal antecedents.

5. I have considered the submission of learned counsel for the parties.

6. Looking to the facts and circumstances of the case, I deem is

appropriate to suspend the sentence of the petitioners, therefore, without discussing the merits in detail, I.A.No.3484/2021 is allowed.

7. It is directed that on deposit of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.30,000/- (Thirty thousand rupees) each with separate surety each in the like amount to the satisfaction of the Trial Court for appearance of the petitioners before the trial Court on 21.06.2021 and on subsequent dates as may be fixed by the trial Court, the execution of substantial jail sentence imposed on the petitioners namely Vijay Sharma @ Bijju, Ramnaresh Mishra and Manish Mishra shall remain suspended, till final disposal of this revision.

8. In the event of non-appearance of the petitioners, the trial Court shall be at liberty to take coercive steps against them to secure their presence under the intimation of this Court.

9. Let the revision be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2021.03.24 17:56:47 +05'30'