Dharmendra Nigam vs The State Of Madhya Pradesh
2021 Latest Caselaw 450 MP

                                    1                                CRR-553-2021
        The High Court Of Madhya Pradesh
                   CRR-553-2021
                 (DHARMENDRA NIGAM Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 03-03-2021
       Shri Avadhesh Parashar, learned counsel for the Petitioner .
       Shri Aditya Ghuraiya, learned Public Prosecutor for respondent/State.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is admitted for final hearing.

Record of the courts below be requisitioned.

Also heard on I.A. No.6121/2021, which is first application for suspension of sentence and grant of bail to the petitioner.

This criminal revision has been preferred against the judgment dated 16.02.201, passed by Sessions Judge, District Sheopur, in Cr.A. No.38/2019, arising out of the judgment dated 26.08.2019, passed by Judicial Magistrate First Class, District Shivpuri, in RCT No.600818/2013, whereby the petitioner has been convicted under Section 419 readwith Section 109 of IPC 3(D) with 4 of M.P. Recognized Examination Act 1937 and sentenced to undergo 2

years imprisonment (each) with fine of Rs.200/- (each), alongwith default stipulations.

Learned counsel for the petitioner submits that the petitioner has been wrongly convicted. It is further submitted that during trial the petitioner was on bail and he did not misuse the liberty granted to him. The petitioner has also deposited the fine amount and the trial Court has already suspended the sentence of the petitioner. It is also submitted that there are fair chances of success of this revision and the revision may take long time for its conclusion and the petitioner cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the 2 CRR-553-2021 respondent/State opposes the bail application.

Keeping in view of the aforesaid submission of learned counsel for the petitioner and the facts and circumstances of the case, I.A. No.6121/2021 is allowed.

It is, therefore, directed that if petitioner deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.50,000/-(Rupees fifty thousand only) with solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 15th June, 2021 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The petitioner shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

       (S. A. DHARMADHIKARI)                                  (ANAND PATHAK)
                JUDGE                                               JUDGE


Ashish*

ASHISH
CHAURASIA
2021.03.03
15:33:51
+05'30'