Citation : 2021 Latest Caselaw 6369 MP
Judgement Date : 4 October, 2021
1 CRR-2368-2021
The High Court Of Madhya Pradesh
CRR-2368-2021
(VIMLESH KUMAR Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 04-10-2021
Heard through Video Conferencing.
Mr. Ramesh Shukla learned counsel along with Mr. Narendra Tiwari, Advocate
for the applicant.
Ms. Geeta Yadav, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
This criminal revision is admitted for hearing. Heard on I.A. No.17384/2021 which is first application for suspension of sentence and grant of bail to the applicant.
The applicant stands convicted by the Courts below for offence punishable under Section 304A of the Indian Penal Code (on two counts) and has been sentenced to undergo RI for one year and six months (on each count) with fine of Rs.400/- (on each count) with default stipulation.
Learned counsel for the applicant submits that the applicant is innocent and the judgment passed by the learned trial Court against him is perverse and illegal. The
disposal of this revision would take considerable time. Therefore, he is entitled to be released on bail after suspension of his sentence.
Learned Panel Lawyer for the State has vehemently opposed application for suspension of sentence.
Considering the facts and circumstances of the case and the period of sentence awarded on the applicant as well as nature of offence, without commenting upon the merits of the case, I.A. No.17384/2021 is allowed. It is directed that on depositing fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty 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 14.12.2021 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, 2 CRR-2368-2021 namely, Vimlesh Kumar shall remain suspended during the pendency of this case and he shall be released on bail.
Let the records of the Courts below be requisitioned. List the case for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
ks
Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2021.10.05 04:16:06 -07'00'
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