Tonu @ Narmadashankar vs The State Of Madhya Pradesh
2021 Latest Caselaw 915 MP

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.261 OF 2021 (Tonu @ Narmadashankar vs The State of Madhya Pradesh)

Indore, Dated 19.03.2021 Mr. Vivek Singh, learned counsel for the applicant. Mr. Aditya Garg, learned counsel for the non-applicant/State. Heard on the point of admission.

The revision is formally admitted for final hearing. Records have been received.

Also heard on IA No.1080/2021 which is an application filed under Section 397 of Code of Criminal Procedure, 1973 seeking suspension of sentence of applicant-Tonu @ Narmadashankar S/o Bhagirath Kandera who has been convicted by Third Additional Sessions Judge, Badwah, District-Mandleshwar (MP) in Session Trial No.34/2018 vide judgment dated 18.12.2020 and sentenced him as under:-

                Conviction                              Sentence
     Section & Act      Imprisonment       Fine Amount      Imprisonment
                                                             in lieu of fine
          452 IPC        01 Year RI         Rs.1000/-         One Month
                                                             Additional SI
     323 IPC (Injrued   06 Months RI         Rs.500/-          15 Days
     Bahadur Singh)                                          Additional SI
     323 IPC (Injrued   06 Months RI         Rs.500/-          15 Days
       Kamlabai)                                             Additional SI

Learned counsel for the applicant submits that the applicant is in custody since 18.12.2020. The applicant was on bail during trial and he has not misused the liberty so granted to him and prays that applicant may be enlarged on bail because hearing of this revision will take time. On these grounds suspension has been sought.

Learned counsel for the non-applicant/State was also heard who has opposed the prayer of suspension.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.261 OF 2021 (Tonu @ Narmadashankar vs The State of Madhya Pradesh)

Considering the period of sentence and the fact that the final hearing of this revision in near future is not possible, without expressing any opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of the applicant. Accordingly, application-IA No.1080/2021 is being allowed. The substantive jail sentence of applicant-Tonu @ Narmadashankar S/o Bhagirath Kandera is suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 26.04.2021 and on all other subsequent dates, as may be fixed, by the Registry in this behalf. Accordingly, IA No.1080/2021 stands disposed of.

List the revision for final hearing in due course. Certified copy as per Rules.

(SUJOY PAUL) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2021.03.19 18:13:26 +05'30'