Pappu @ Sudama Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 6523 MP

                             1

              The High Court Of Madhya Pradesh

                              CRR-2237-2021
              (PAPPU @ SUDAMA JATAV Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated :08.10.2021

      Shri Sushant Tiwari, learned counsel for the petitioner.

      Shri B.S. Gour, learned Public Prosecutor, for the State.

      Heard learned counsel for the parties.

      Heard on I.A.No.28138/2021, an application for urgent hearing

during Covid -19.

      The application is allowed.

      Heard on I.A. No.28137/21, first application under Section

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

petitioner.

      This criminal appeal under Section 397 and 401 of Cr.P.C.

assails the judgment dated 07.09.2021 passed by the learned Sessions

Judge Datia, District Datia, passed in CRA No.12/2021 whereby the

appeal filed by the petitioner has been dismissed in connection with

conviction and sentence under Section 14 of M.P. Rajya Suraksha

Adhiniyam, 1990, awarded vide judgment dated 12.02.2021 passed by

the Judicial Magistrate, First Class, Datia, District Datia           whereby

petitioner has been convicted under Section 14 of M.P. Rajya Suraksha

Adhiniyam, 1990 and sentenced to undergo R.I. for one year alongwith

fine of Rs. 500/- with default stipulation.

      Learned counsel for the petitioner submits that petitioner

submits that petitioner       is in custody since 07.09.2021.         The fine
                                         2

                         The High Court Of Madhya Pradesh

                                         CRR-2237-2021
                         (PAPPU @ SUDAMA JATAV Vs THE STATE OF MADHYA PRADESH)




             amount has already been deposited.         Therefore, the jail sentence be

             suspended and he be released on bail by way of suspension of

             sentence.

                   Learned Public Prosecutor for the respondent/State opposed the

prayer and prayed for rejection of this application.

Heard learned counsel for the parties at length.

After going through the record available, I.A. No.28137/21 filed

on behalf of the aforesaid petitioner is hereby allowed and it is directed

that the jail sentence of the aforesaid petitioner will remain under

suspension on verification of the fact that whether the fine amount has

been deposited or not and on the petitioner's furnishing a personal bail

bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety

to the satisfaction of the concerned trial Court, for appearance of the

aforesaid petitioner before the Principal Registrar of this Registry on

21st December, 2021, and thereafter, subsequent dates as may be fixed

by the Registry from time to time till disposal of the revision.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                                                        (Vishal Mishra)
 mani                                                        Judge


SUBASRI MANI
2021.10.08
18:53:21 -07'00'