Citation : 2021 Latest Caselaw 7730 MP
Judgement Date : 23 November, 2021
1 CRR-2846-2021
The High Court Of Madhya Pradesh
CRR No. 2846 of 2021
(GEGU @ GORELAL SAHU Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 23-11-2021
Mr.B.J.Chourasia, learned counsel for the applicant.
Ms.Nalini Gurang, learned Panel Lawyer for the respondent/State.
The revision is heard on the question of admission. The revision is admitted for hearing.
Also considered I.A.No.19602/2021, which is first application for
suspension of sentence and grant of bail on behalf of applicant-Gegu @ Gorelal.
By the impugned judgment dated 27.10.2021 passed in Criminal Appeal No.288/2015 the learned lower appellate Court has convicted the applicant for offences under sections 337 (with 12 counts), 338 (with 04 counts) and 304-A (with 02 counts) of IPC and sentenced to undergo R.I. till rising of Court, till rising of Court and RI for 06 months with fine of Rs.200/- each injured; Rs.300/- each injured & Rs.500/- and compensation of Rs.100/- each count & Rs.200/- each count respectively with default stipulations.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The learned courts below have not properly appreciated the oral and documentary evidence available on record. The applicant was on bail during trial. Final disposal of instant revision would take considerable time. Therefore, prayer has been made to suspend the sentence and for grant of bail.
Learned Panel Laywer has opposed the prayer for bail. Considering the over all facts and circumstances of the case; period of sentence of 6 months; the applicant was on bail during trial; final disposal of revision would take considerable time, without commenting on merits of the case, the application is allowed and remaining jail sentence of the applicant is suspended.
2 CRR-2846-2021 It is directed that on depositing entire fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the trial Court on 11.03.2022 and on all other subsequent dates, as may be fixed by the trial
Court in this regard, the remaining part of the substantive jail sentence imposed upon applicant, namely, Gegu @ Gorelal Sahu shall remain suspended during the pendency of this case and he shall be released on bail.
List the case for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
RM
Signature Not Verified SAN
Digitally signed by RAJESH MAMTANI Date: 2021.11.23 19:46:00 IST
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