Harisingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 539 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                  Cr.R. No. 665/2021
              ( Hari Singh Vs. The State of Madhya Pradesh )
                                    (1)

Gwalior, dated :08/03/2021
       Shri     Anil Jha, learned counsel for the applicant.

       Shri Naval Kishore Gupta, learned Government Advocate for

the respondent-State.

The reivision is admitted for final hearing.

Record of the Trial Court be called for.

Heard on I.A. No 6926/2021, an application for suspension

of sentence and grant of bail to the applicant.

This revision is directed against the appellate judgment dated 26/02/2021 passed by 2nd Additional Sessions Judge, Dabra District Gwalior (M.P.) in Cr. Appeal No. 786/2016, whereby conviction of the applicant for the offence punishable under Section 380/511 of the IPC, as recorded by Judicial Magistrate First Class, Dabra District Gwalior (M.P.) vide judgment dated 22/02/2016 passed in Cr. Case No.790/2010, and consequent sentence of one year RI with fine of Rs.500/- has been modified. Consequently, the applicant now stands convicted under 380/511 of the IPC and sentenced to suffer three months RI with fine of Rs. 500/-.

Learned counsel for the applicant submits that the applicant was on bail during trial and appeal and has never misused the liberty so granted. It is submitted that if released on bail, there is no possibility of his absconsion. An early hearing of this criminal revision is not possible.

Learned Public Prosecutor opposed the aforesaid IA. Taking into consideration the facts and circumstances of the case, I.A. is allowed. It is, therefore, directed that if applicant deposits entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs. 50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No. 665/2021 ( Hari Singh Vs. The State of Madhya Pradesh )

Court for his appearance before the Registry of this Court on 03/05/2021 and on such subsequent dates as may be fixed in this regard, the sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

The applicant shall submit an attested photocopy of the receipt before the concerning Court, for placing the same on record of this case. The applicant 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. The appellant shall also install Aarogya Setu App (if not already installed) in his mobile phone.

C.C. as per rules.

(S.A.Dharmadhikari) Judge Prachi

PRACHI MISHRA 2021.03.0 8 16:07:25 +05'30'