Citation : 2021 Latest Caselaw 6755 MP
Judgement Date : 23 October, 2021
1 CRR-1922-2021
The High Court Of Madhya Pradesh
CRR-1922-2021
(NAZIR KHAN Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 23-10-2021
Heard through Video Conferencing.
Shri R.P. Mishra, counsel for the petitioner.
Shri Rajesh Sharma, PL for the State.
Heard on admission.
Admit.
Record has already been received.
Learned panel lawyer for the respondent State accepts notice on behalf
of the state as such no further notice is required.
Also heard on IA.No.15094/2021, which is an application for suspension of sentence and grant of bail.
A perusal of the judgment reveals that the petitioner stands convicted under Section 354 of the IPC and has been sentenced to undergo RI for a period of 6 months and a fine of Rs.2,000/- with default stipulation.
Learned counsel for the petitioner submits that the petitioner has been
in custody since the date of the judgment of the Court below and since then 2 months has been passed he is in jail, therefore, it has been prayed that the jail sentence of the petitioner be suspended and he be released on bail.
Learned PL for the State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case, particularly the period of custody already undergone by the petitioner in jail, in the opinion of this Court, this is a fit case for grant of bail.
It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the petitioner shall remain suspended during the pendency of this criminal revision and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees 2 CRR-1922-2021 Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed by the Registry in this regard.
At the time of release of the petitioner from custody, all the instructions issued by the Government related to COVID-19 shall also be followed by the
concerned authorities.
The appeal be listed for final hearing in due course as per listing policy. Certified copy as per rules.
(ARUN KUMAR SHARMA) JUDGE
sh
Signature Not Verified SAN
Digitally signed by S HUSHMAT HUSSAIN Date: 2021.10.25 10:21:37 IST
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