Akhil @ Chuttan Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 7317 MP

                                     1                                CRR-2841-2021
          The High Court Of Madhya Pradesh
                   CRR No. 2841 of 2021
                (AKHIL @ CHUTTAN SHARMA Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 11-11-2021
         Shri Vishal Singh Bhadoria, learned counsel for the petitioner.
         Shri Nirmal Sharma, learned Public Prosecutor for the respondent-

State.

The revision being arguable is admitted for final hearing. Record of the Courts below be called.

Heard on I.A.No. 31409/2021, first application under Section 397 (1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 09/10/2021 passed by Sixth Additional Sessions Judge, Bhind in Criminal Appeal No. 222/2020 partially affirming the judgment of conviction and sentence dated 04/2/2020 passed by Judicial Magistrate First Class, Bhind in Criminal Case No. 798/2014 and convicting the petitioner under Section 363 of IPC and sentencing him for rigorous imprisonment of one year with fine of Rs.1,000/- with default stipulation.

It is submitted by learned counsel for the petitioner that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court. It is further submitted that the petitioner is in custody since the date of judgment and had remained in custody during trial for a period of 107 days. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of jail sentence.

Counsel for the State vehemently opposed the prayer and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties through video conferencing and perused the materials available on record.

Looking to the short period of jail sentence, without commenting on merits of the case, the application (I.A. No. 31409/2021) is allowed and the 2 CRR-2841-2021 remaining jail sentence of the petitioner is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on

04/1/2022 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for compliance.

Certified copy/ e-copy as per rules/directions.

ALOK KUMAR                                    (RAJEEV KUMAR SHRIVASTAVA)
2021.11.11
14:23:29 +05'30'                                         JUDGE
11.0.8

AKS