Madhya Pradesh High Court
Kalicharan Kol vs The State Of Madhya Pradesh on 9 September, 2021
Author: Arun Kumar Sharma
1 CRR-1674-2021
The High Court Of Madhya Pradesh
CRR-1674-2021
(KALICHARAN KOL Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 09-09-2021
Heard through Video Conferencing.
Shri Alok Kumar Gupta, learned counsel for the applicant.
Shri Rajesh Sharma, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Revision is admitted for final hearing.
Also heard on IA No. 13391/2021, which is an application for
suspension of sentence and grant of bail to the applicant.
The revision has been preferred under Section 397/401 of the Cr.P.C.,
1973 by the applicant against impugned judgment dated 02/07/2021 in
Cr.A.No.12/2019 passed by Additional Sessions Judge, Beohari, District-
Shahdol (M.P)., arising out of the judgment and findings dated 12/12/2019
passed by JMFC, Beohari, District Shahdol in RCT No.300554/2015 and
convicted the applicant for the offence punishable under Section 379 of the
IP C and has been sentenced to undergo R.I. for one year with fine of
Rs.1,000/- with default stipulation.
Learned counsel for the applicant submits that the applicant has already
deposited the fine amount. He is in jail since 02.07.02021. He was on bail
during the trial and he did not misuse the liberty so granted to him. There are
fair chances to success of this revision and if the custodial sentence of the
applicant is not suspended, then the revision filed by him may turn
infructuous. Final hearing of this revision will take time. Therefore, the
application filed on behalf of the applicant may be allowed and period of his
remaining jail sentence may be suspended and he may be released on bail.
On the other hand, learned PL opposed the bail application and prayed
for rejection of the same.
Considering the contentions of learned counsel for the parties and
2 CRR-1674-2021
looking to the facts and circumstances of the case and revision will take time
for its final disposal but without expressing any opinion on the merits of the
case, I am of the considered opinion that it would be appropriate to suspend
the custodial sentence awarded to the applicant and grant bail to him.
Consequently, I.A.No.13391/2021 is allowed subject to deposit of fine
amount, if not already deposited. The custodial sentence awarded to the
applicant shall remain suspended during the pendency of this revision.
Applicant Kalicharan Kol be released from custody on his furnishing
a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only)
with one solvent surety in the like amount to the satisfaction of the Trial
Court. The applicant shall appear and mark her presence before Trial Court
on 20/12/2021 and on subsequent dates as may fixed by the trial Court
from time to time till final disposal of the case.
A typed copy of this order be forwarded by the Registry to the Office
of the Advocate General and to the concerned learned PL, on their respective
email address for intimation to the Police Station concerned. The office is
requested to forward a copy of this order to the learned Court below also.
Certified copy/e-copy as per rules/directions
(ARUN KUMAR SHARMA)
JUDGE
skt
SANTOSH KUMAR TIWARI
2021.09.09 17:24:46 +05'30'
