Makhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1931 MP

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        HIGH COURT OF MADHYA PRADESH
                  Criminal Revision No. 1282/2021
             (MAKHAN Versus THE STATE OF MADHYA PRADESH)

    (PRESENT : HON. SMT. NANDITA DUBEY, J (THROUGH VIDEO CONFERENCING)


Jabalpur, Dated :08.5.2021

     Shri Amit Dubey, learned counsel for the applicant.
     Shri Brajendra Kushwaha, learned Panel Lawyer for the
respondent/State.

Heard on admission.

The revision seems to be arguable, hence admitted for final hearing.

Record of the Courts below be also requisitioned. Also heard on I.A. No. 6971/2021, which is an application for suspension of sentence and grant of bail to the applicant.

Applicant has been convicted under Section 325 of the I.P.C. and sentenced to undergo Rigorous Imprisonment for six months and fine of Rs. 200/- with default stipulation in Cr.A. No. 21/2020 by Second Additional Sessions Judge, Nasrullaganj, District Sehore vide judgment dated 15.4.2021.

Learned counsel for the applicant submits that the applicant is in custody since 15.4.2021 and has deposited the find amount on 19.12.2019. It is further submitted that due to the present Covid-19 situation, there is no likelihood of final hearing of this revision in near future, hence remaining jail sentence of the appellant be suspended and he may be released on bail.

Learned Panel Lawyer appearing for the State has vehemently opposed the prayer for suspension of sentence and grant of bail.

On due consideration of the facts and circumstances of the case, and looking to the short period of jail sentence, it is directed that if applicant furnishes a surety in the sum of Rs.35,000/- (Rs. Thirty Five Thousand Only) and executes a personal bond in the like amount to the satisfaction of concerned trial Court, the execution of the remaining sentence of imprisonment passed against him shall remain suspended and he shall be released on bail.

After release, the applicant shall now appear before the Registry of this Court on 16th December, 2021, and on such other dates which normally will not be less than the period of eight months as may be directed to him in this regard till final disposal of this revision.

With the above, the application (I.A. No. 6971/2021) is finally disposed of.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to learned Panel Lawyer, on their respective email addresses, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

List for final hearing in due course. Certified copy/e-copy as per rules/directions.

(Nandita Dubey) Judge ak/ Digitally signed by ASHISH KOSHTA Date: 2021.05.08 12:32:11 +05'30'