Kalu @ Kallu vs The State Of Madhya Pradesh
2021 Latest Caselaw 1743 MP

        THE HIGH COURT OF MADHYA PRADESH
                        BENCH AT INDORE
                           CRR-1191-2021

    (KALU @ KALLU AND OTHERS Vs THE STATE OF MADHYA
                       PRADESH)


Indore, Dated : 03-05-2021
     Heard through Video Conferencing.

      Shri Deepak Kumar Rawal, learned counsel for the
applicants. .
      Ms. Bharti Lakkad PL for the respondent / State.

Heard on I.A. no. 8446/2021 for urgent hearing. On due consideration, the same is allowed and stands disposed of accordingly.

Heard on I.A. No.8445/2021, which is an application filed under Section 397(1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the applicants.

The present revision has been filed against judgment dated 27/03/2021 passed by XIV Additional Sessions Judge, Indore in Cr.A. No.89/2018 whereby the appellate Court has reversed the judgment dated 30/10/2017 passed in Criminal Case No.23332/2010, by which the trial Court has acquitted the applicants for the offence punishable under Sections 457 and 380 of IPC. The appellate Court has convicted the present applicant for the offence punishable under Section 451 of IPC and sentenced to undergo 01 year RI with fine of Rs.500/- with default stipulation.

Learned counsel for the applicants has submitted that the applicant has deposited the entire amount awarded by the court below and hence prays for suspension of the jail sentence.

Learned counsel for the respondent opposes the application, submitting that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicants be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the applicant deserved to be allowed.

Accordingly, I.A. No.8445/2021 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the applicant in the sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence of the applicants shall remain suspended, till the final disposal of this revision.

The applicants after being enlarged on bail, shall mark their presence before the registry of this Court on 20/01/2020 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.8445/2021 stands disposed of.

Record of the Court below be also requisitioned. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE

amol Digitally signed by AMOL N MAHANAG Date: 2021.05.04 16:51:44 +05'30'