Ravindra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7319 MP

                                     1                                CRR-2666-2021
          The High Court Of Madhya Pradesh
                   CRR No. 2666 of 2021
                   (RAVINDRA SINGH Vs THE STATE OF MADHYA PRADESH)

2
Gwalior, Dated : 11-11-2021
         Shri Ashok Kumar Pal, learned counsel for the petitioner.
         Shri Nirmal Sharma, learned Public Prosecutor for the respondent-

State.

I.A. No.30475/2021, an application for urgent hearing, is taken up, considered and disposed.

The revision being arguable is admitted for final hearing. Also, heard on I.A.No. 30474/2021, 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 07/10/2021 passed by Sessions Judge, Bhind in Criminal Appeal No. 2882/2019 affirming the judgment of conviction and sentence dated 22/6/2019 passed by Judicial Magistrate First Class, Lahar, District Bhind in RCT No. 1246/2016, by which the petitioner has been convicted under Sections 452 and 323/34 of the IPC and has been sentenced to undergo rigorous

imprisonment of one year with fine of Rs.2,000/- and rigorous imprisonment of two months respectively 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. 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 2 CRR-2666-2021 merits of the case, the application (I.A. No. 30474/2021) is allowed and the 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. 50,000/- (Rupees Fifty 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
2021.11.11                                      (RAJEEV KUMAR SHRIVASTAVA)
14:23:15
+05'30'
                                                           JUDGE
11.0.8
  AKS