Madhya Pradesh High Court
Ayyoob vs The State Of Madhya Pradesh on 13 May, 2021
Author: Nandita Dubey
1 CRR-808-2021
The High Court Of Madhya Pradesh
CRR-808-2021
(AYYOOB Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-05-2021
Heard through Video Conferencing.
Shri Mahendra Kosta, Advocate for the applicant.
Shri V.C. Choudhary, P.L. 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. 4292/2021, 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 02.03.2021 in
Cr.A.No.124/2019 passed by 1st Addl. Sessions Judge, Chhindwara District
Chhindwara M.P., arising out of the judgment and findings dated 12.09.2019
p as s ed by C.J.M. Chhindwara, District Chhindwara in Criminal Case.
No.99/2018 and convicted the applicant for the offence punishable under
Section 379 of the IPC and has been sentenced to undergo R.I. for six
months with fine of Rs.500/- with default stipulation
Learned counsel for the applicant submits that the applicant has already
deposited the fine amount. He is in jail since 02.03.02021. 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 PL 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 short period of sentence and revision will take time for its final
Digitally signed by PANKAJ NAGLE
Date: 2021.05.13 17:27:41 IST
2 CRR-808-2021
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.4292/2021 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 Ayyoob be 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 05.10.2021 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)
V. JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2021.05.13 17:27:41 IST
