Ritesh @ Neetesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5133 MP

                                   1                                 CRR-2021-2021
        The High Court Of Madhya Pradesh
                   CRR-2021-2021
                 (RITESH @ NEETESH Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 07-09-2021
       Shri Ayush Saxena, learned counsel for the petitioner.
       Shri Nirmal Kumar Sharma, learned Public Prosecutor for the
respondent-State.

I.A.No.26124/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The revision being arguable is admitted for final hearing. Record of the Courts below be called.

Also, heard on I.A.No.26125/2021, first application under Section 397 (1) of CrPC for suspension of jail sentence and grant of bail to the petitioners.

This criminal revision has been filed against the judgment dated 26/8/2021 passed by Sixth Additional Sessions Judge, Bhind in Criminal Appeal No.81/2019 partially affirming the judgment of conviction and sentence dated 28/6/2019 passed by Judicial Magistrate First Class, Bhind in

Criminal Case No.2484/2013, by which the petitioner has been convicted under Sections 325, 323 of the IPC and have been sentenced to undergo rigorous imprisonment of three months and one month respectively with fine of Rs.1,000/- for both the offences with default stipulation.

It is submitted by learned counsel for the petitioner- Ritesh @ Nitesh that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court. It is further submitted that the petitioner is in custody. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of jail sentence.

Counsel for the State vehemently opposed the prayer and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the materials available 2 CRR-2021-2021 on record.

Looking to the short period of jail sentence, without commenting on merits of the case, the application (I.A.No.26125/2021) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on his furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 10/1/2022 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

The petitioner is further directed to inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send copy of this order to SHO of concerned police station for information.

List the case for final hearing in due course. Let copy of this order be sent to the Court below concerned for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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Pawan Kumar 2021.09.07 16:29:53 +05'30'