Madhya Pradesh High Court
Paramlal vs The State Of Madhya Pradesh on 3 May, 2021
Author: Nandita Dubey
1 CRR-695-2021
The High Court Of Madhya Pradesh
CRR-695-2021
(PARAMLAL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 03-05-2021
Heard through Video Conferencing.
Shri S.S. Thakur, Advocate for the applicant.
Ms. Priyanka Mishra, GA for the State.
Heard on the question of admission.
Revision is admitted for final hearing.
Records of the Courts below is available.
He a r d on I.A.No. 3695/2021, which is an application for suspension
of sentence and grant of bail to the applicant.
The revision has been preferred under Section 397/401 of the Cr.P.C.,
1973 by the applicant against impugned judgment dated 27.02.2021 in
Cr.A.No.152/2015 passed by 1st Addl. Sessions Judge, Hatta, District
Damoh M.P., arising out of the judgment and findings dated 07.09.2015
passed by JMFC Hatta, District Damoh in CR. Case. No.152/2015 and
convicted the applicant for the offence punishable under Section 304-A of the
IPC and has been sentenced to undergo R.I. for one year with fine of
Rs.2500/- with default stipulation
Learned counsel for the applicant submits that the applicant has already
deposited the fine amount. He is in jail since 27.02.02021. He was on bail
during the trial. There are fair chances to succeed in the case. Final hearing of
this revision will take time. Therefore, the application filed on behalf of the
applicant may be allowed and period of his remaining jail sentence may be
suspended and he may be released on bail.
On the other hand, learned GA opposed the bail application and
prayed for rejection of the same.
Considering the contentions of learned counsel for the parties and
Signature Not Verified
SAN
looking to the facts and circumstances of the case and revision will take time
Digitally signed by PANKAJ NAGLE
Date: 2021.05.03 14:53:39 IST
2 CRR-695-2021
for its final disposal but without expressing any opinion on the merits of the
case, I am of the considered opinion that it would be appropriate to suspend
the custodial sentence awarded to the applicant and grant bail to him.
Consequently, I.A.No.3695/2021 is allowed subject to deposit of fine
amount, if not already deposited. The custodial sentence awarded to the
applicant shall remain suspended during the pendency of this revision.
Applicant Paramlal b e released from custody on his furnishing a
personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only)
with one solvent surety in the like amount to the satisfaction of the Trial
Court. The applicant shall appear and mark her presence before Trial Court
on 31.08.2021 and on subsequent dates as may fixed by the trial Court
from time to time till final disposal of the case.
A typed copy of this order be forwarded by the Registry to the Office
of the Advocate General and to the concerned learned Govt. Advocate, on
their respective email address for intimation to the Police Station concerned.
The office is requested to forward a copy of this order to the learned Court
below also.
Certified copy/e-copy as per rules/directions.
(NANDITA DUBEY)
JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2021.05.03 14:53:39 IST
