Citation : 2021 Latest Caselaw 967 MP
Judgement Date : 22 March, 2021
1 CRR-794-2021
The High Court Of Madhya Pradesh
CRR-794-2021
(BABULAL LODHA Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 22-03-2021
Heard through Video Conferencing.
Shri Vibhor Kumar Sahu, learned counsel for the petitioner.
Shri Alok Sharma, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.7985/2021, first application under Section 397(1) of
Cr.P.C. for suspension of jail sentence and grant of bail filed on behalf of the
petitioner.
Learned counsel for the petitioner submits that this criminal revision
assails the judgment dated 2.3.2021 passed in Criminal Appeal No.52/2018 by
the Second Additional Judge to the Court of First Additional Sessions Judge,
Guna, District Guna by which the judgment dated 7.2.2018 passed in Criminal
Case No.474/2016 by the Judicial Magistrate First Class has been affirmed.
By the impugned judgment the petitioner has been convicted under section
332 of IPC and sentenced to undergo One Year RI with fine of Rs.1000/-
with default stipulation. The fine amount has already been deposited by him.
He submits that the petitioner was on bail during the trial and prays for
suspension of sentence of the petitioner.
Learned Panel Lawyer for the State has opposed the prayer and prayed
for rejection of the same.
Considering the facts and circumstances of the case, I.A.No.7985/2021
is allowed and it is directed that the jail sentence of the petitioner shall remain
suspended on verification of the fact that whether the fine amount has been
deposited o r no t, o n petitioner's furnishing bail bond of Rs.50,000/- (Rs.
Fifty Thousand only) with two solvent sureties to the satisfaction of the
concerned trial Court, for appearance of the petitioner before the Principal
Registrar of this Registry on 30.09.2021 and thereafter, subsequent dates as
may be fixed by the Registry from time to time till disposal of the revision.
2 CRR-794-2021
Learned counsel for the petitioner submits that he is ready to argue the
matter for final arguments and he will not seek any adjournment at the time
of final arguments.
As prayed, list in the week commencing 3rd May, 2021.
E-copy/Certified copy as per rules/directions.
.
(VISHAL MISHRA) JUDGE
Pawar
ASHISH PAWAR 2021.03.23 11:11:23 +05'30'
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