Veerendra Adiwasi vs The State Of Madhya Pradesh
2021 Latest Caselaw 7650 MP

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             The High Court Of Madhya Pradesh
                     CRR No. 2994 of 2021
             (VEERENDRA ADIWASI Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-22/11/2021
      Shri Vinod Kumar Dhakad, learned counsel for the petitioner.

      Smt. Abha Mishra, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.31967/2021, an application under Section

397(1) of Cr.P.C. for suspension of jail sentence moved on behalf of

the petitioner for suspension of sentence and grant of bail.

This criminal revision has been filed against the judgment dated

08/11/2021 passed by First Additional Sessions Judge, Shivpuri,

District Shivpuri (M.P.) in Criminal Appeal No.318/2017 by which

petitioner has been convicted and sentenced as under:

Section             Sentence                   Fine        In        default
                                                           stipulation
451 of IPC          One year of RI             Rs.500/-    Two     months
                                                           imprisonment
354 of IPC          One year of RI             Rs.500/-    Two     months
                                                           imprisonment

It is submitted by learned counsel for the petitioner that this is

first application for suspension of sentence on behalf of the petitioner.

It is further submitted that the petitioner has been wrongly convicted

by the trial Court. There are lots of contradictions and omissions in the

evidence of the prosecution witnesses. Petitioner is on bail and he has

not misused the liberty granted to him and the fine amount has already

been deposited. Learned counsel for the petitioner further submits that

the petitioner is in custody since 08/11/2021 and hearing of this

The High Court Of Madhya Pradesh CRR No. 2994 of 2021 (VEERENDRA ADIWASI Vs THE STATE OF MADHYA PRADESH)

revision shall take considerably long time. Under these circumstances,

he prayed to suspend the jail sentence of the petitioner and grant bail.

On the other hand, learned State counsel opposed the prayer and

prayed for dismissal of the application for suspension of sentence.

Heard learned counsel for the parties at length and perused the

materials available on record.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the petitioner.

Consequently, I.A.No.31967/2021 is hereby allowed.

If the petitioners furnish bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one surety each of the like

amount to the satisfaction of the trial Court, the remaining jail

sentence of the petitioner shall remain suspended and he be released

on bail. The petitioner is further directed to mark his appearance

before the Registry of this Court on 31.01.2022 and on subsequent

dates given by the office in this regard, till final disposal of this

revision.

The petitioner is further directed to inform the SHO of

concerned police station about his residential address in the said area

and it would be the duty of the Public Prosecutor to send E-copy of

The High Court Of Madhya Pradesh CRR No. 2994 of 2021 (VEERENDRA ADIWASI Vs THE STATE OF MADHYA PRADESH)

this order to SHO of concerned police station for information.

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.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.11.23 10:10:03 +05'30'