Udal @ Arjun Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7649 MP

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                    The High Court of Madhya Pradesh
                             CRR 2662 of 2021
                    (Udal alias Arjun Singh Vs. State of MP)

Gwalior, Dtd. 22/11/2021

        Shri AR Shivhare, counsel for the applicant.

        Shri Pramod Pachauri, Public Prosecutor for the respondent/ State.

Heard on the question of admission.

Records of the Court below have already been received.

Revision being arguable, is admitted for final hearing.

Also heard on IA 32218/2021 which is an application u/S.397(1) of

CrPC filed on behalf of applicant for suspension of sentence and grant of

bail.

Vide judgment dated 27/07/2019 passed by JMFC, Morena in

Criminal Case No.123/2009, applicant has been convicted under Sections

498-A, 323of IPC and sentenced to undergo one year rigorous

imprisonment with fine of Rs.500/- and four months' rigorous

imprisonment with fine of Rs.1,000/- with default stipulation

respectively. Thereafter, the applicant preferred an appeal before the

Sixth Additional Sessions Judge, Morena and the learned Sessions Judge

set aside the conviction under Section 323 of IPC and by modifying the

conviction under Section 498-A of IPC, sentenced him for three months

rigorous imprisonment with fine of Rs.500/-.

It is submitted by the learned Counsel for the applicant that the

applicant is in custody since the date of passing of impugned judgment

i.e. 09/10/2021.Applicant was on bail during trial and he did not misuse

the bail. Fine amount has already been deposited. Disposal of this

revision will take some time. On these grounds, the applicant prayed for

suspension of sentence and grant of bail.

On the other hand, the application is opposed by the State Counsel

and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case,

application IA is allowed and it is directed that if applicant furnishes a

surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and

executes a personal bond in the like amount to the satisfaction of Trial

Court/Court below concerned, the execution of remaining jail sentence

passed against him shall remain suspended and he shall be released on

bail. The applicant shall now appear before the Registry of this Court on

21st January, 2022 and on such other subsequent dates as may be fixed

by Office in this regard.

CC as per rules.

(Rajeev Kumar Shrivastava) Judge MKB

MAHEND Digitally signed by MAHENDRA BARIK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8c6d4d6122d7ee987e457a3bec5922cacbc050c998981 397a35d9758a2b55074,

RA BARIK pseudonym=61167CBF346371FDA4919D07819090142FCCA056 , serialNumber=AB90F893988F10D718DA01F8065D87F25DDC9B 6C8C3FF0E5E280DD36D476F6BA, cn=MAHENDRA BARIK Date: 2021.11.23 11:13:38 +05'30'