Madhya Pradesh High Court
Chhotu vs The State Of Madhya Pradesh on 3 September, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CRIMINAL REVISION No. 1329 / 2021
CHHOTU Vs. STATE OF MP
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INDORE, Dated : 03/09/2021
Heard through video conferencing.
Mr. Nitin Vyas, learned counsel for the petitioner.
Ms. Harshlata Soni, learned PL for the respondent - State.
Heard on I.A.No. 11832/2021, an application for suspension of
execution of remaining jail sentence and grant of bail.
The present revision is arising out of the judgment of
conviction dated 24/8/2018 passed by the Judicial Magistrate First
Class, Jobat, Distt. Alirajpur in Criminal Case No. 524/2018. The
appellant has been convicted for an offence u/S. 354 of the Indian
Penal Code, 1860 and sentenced to one years RI with fine Rs.1,000/-
and in default of payment of fine, to further undergo 1 months RI-.
The judgment of conviction has been affirmed by the first appellate
Court vide judgment dated 18/2/2021 passed by the learned Addl.
Sessions Judge, Jobat, Distt. Alirajpur in Cr.A.No. 35/2018.
Learned counsel for the appellant has argued before this Court
that the Courts below committed legal and factual error by passing
the impugned judgment on the basis of conjectures and surmises and
making certain presumptions due to which the impugned order
deserves to be set aside. The applicant remained on bail during trial
and pendency of the appeal. There are lot of contradictions and
omissions in the present case and the applicant has been implicated
falsely. It is further argued that final hearing of the present revision is
likely to take a long time. It is submitted that complainant who is
aunty of the complainant has not supported the prosecution case and
turned hostile. Applicant is a young person. In such conditions the
applicant be released on bail and the execution of remaining jail
sentence be suspended during pendency of the present revision.
Per contra, learned counsel for the respondent formally opposes
the application and prays for its rejection.
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CRIMINAL REVISION No. 1329 / 2021
CHHOTU Vs. STATE OF MP
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Considering the peculiar facts and circumstances of the case
and also the fact that applicant was on bail during trial and during
pendency of the appeal, final hearing of the present revision is likely
to take a long time, without commenting upon the merits of the case,
this Court is of the considered opinion that the present application
deserves to be allowed and is accordingly hereby allowed.
The execution of substantive jail sentence awarded to applicant
shall remain suspendedand he be released on bail subject to his
depositing the amount of fine and on his furnishing personal bond of
Rs.50,000/- (Rs. Fifty thousand) with one surety in the like amount to
the satisfaction of the trial Court for his appearance before the
Office / Registry of this Court on 26/10/2021 and on such other dates
as may be fixed in this behalf.
The Revision is admitted for final hearing.
List for hearing in due course.
Certified copy, as per Rules.
(ANIL VERMA)
JUDGE
KR
Digitally signed by KAMAL RATHORE
Date: 2021.09.03 17:30:26 +05'30'
