Citation : 2021 Latest Caselaw 918 MP
Judgement Date : 19 March, 2021
:1: Cr.R.No.162-2021
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
Cr.R.No.162-2021
(Inder vs. State of M.P.)
Indore, Dated: 19.03.2021
Shri Ajay Mishra, learned counsel for the petitioner.
Shri Manuraj Singh Chouhan, learned Panel Lawyer for the
respondent/State.
Heard on the question of admission.
Criminal Revision is admitted for hearing.
Record of the trial court is available.
Also heard on I.A. No.609/2021, which is an application
filed under Section 397 of the Cr.P.C. for suspension of jail sentence
of the petitioner.
The present petitioner has been convicted for offence
punishable under Section 34(2) of the M.P. Excise Act, 1915 and
sentenced to undergo 1 year RI with fine of Rs.25,000/-with default
stipulation by judgment dated 27.9.2019 passed by JMFC, Dhar,
District-Dhar (MP) in RCT No.702373/2014. The aforesaid judgment
has been affirmed by learned Sessions Judge, Dhar, District Dhar
(MP) in Criminal Appeal No.101/2019 vide judgment dated
07.11.2020.
Looking to the short sentence imposed on the petitioner, learned
counsel for the petitioner prays for suspension of jail sentence.
Considering the fact that the sentence of one year RI is imposed
on the petitioner, I am inclined to allow the application for suspension :2: Cr.R.No.162-2021
of jail sentence and release him on bail.
Accordingly, without expressing any opinion on merits of the
case, IA No.609/2021, first application for suspension of jail sentence
filed on behalf of petitioner is allowed and it is directed that the
execution of jail sentence awarded to the petitioner shall remain
suspended, subject to each of him depositing the fine amount, if any,
and upon furnishing personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one local solvent surety in the like amount
to the satisfaction of the trial Court for his appearance before trial
Court on 09.07.2021 and on such other dates as may be fixed by the
concerned Court in this regard.
C. c. as per rules.
(Subodh Abhyankar) Judge moni
Digitally signed by Moni Raju Date: 2021.03.19 15:14:28 +05'30'
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