Umesh Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 4916 MP

                                   1                             CRR-1977-2021
         The High Court Of Madhya Pradesh
                    CRR-1977-2021
                  (UMESH KUMAR Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 01-09-2021
      Heard through Video Conferencing.
      Mr.Satyendra Dixit, learned counsel for the applicant.
      Mr.R.N.Yadav, learned Panel Lawyer for the respondent/State.

Let record of the courts below be requisitioned. Heard on the question of admission.

The revision seems to be arguable. It is admitted for hearing. Considered I.A.No.15323/2021, which is first application for suspension of sentence and grant of bail on behalf of applicant-Umesh Kumar.

By the impugned judgment dated 16.8.2021 passed by learned lower appellate Court in Criminal Appeal No.15/2020 the applicant has been convicted for offences under sections 354 and 323 of the Indian Penal Code and sentenced to undergo sentence R.I. for 1 year & 6 months with fine of Rs.300/- & Rs.300/- respectively with stipulated defaults.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The learned lower appellate court has passed the impugned judgment without properly appreciating the oral and documentary evidence available on record. The applicant is in jail. The applicant was on bail during trial and pendency of appeal. The applicant has already deposited the fine amount. The maximum sentence awarded is one year. The final disposal of this revision would take considerable time. Therefore, prayer has been made to suspend the substantive jail sentence of the applicant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; maximum 2 CRR-1977-2021 sentence is 1 year; fine amount has already been deposited; the applicant was on bail during trial and pendency of appeal; and disposal of revision would take considerable time, without commenting on merits of the case, the interlocutory application is allowed.

I t is directed that on furnishing a personal bond in a sum of Rs.30,000/-(Rupees Thirty Thousand Only) with one solvent surety in the

like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 07.12.2021 and on all such subsequent dates, as may be fixed in this regard during pendency of this revision.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.09.01 17:33:41 IST