Citation : 2021 Latest Caselaw 5358 MP
Judgement Date : 13 September, 2021
1 CRR-1992-2021
The High Court Of Madhya Pradesh
CRR-1992-2021
(RAHUL SONI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-09-2021 Heard through Video Conferencing.
Ms. Shrishti Kashyap, Advocate for the applicant. Shri Shahrukh Rayaz, P.L. for the State.
Record of the Courts below be called for.
Heard on I.A.No.15383/2021, 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 13.08.2021 in Cr.A.No.20/2021 passed by Sessions Judge Sidhi, arising out of the judgment and findings dated 06.02.2021 passed by CJM, Sidhi in CR. Case. No.2000/2013 and convicted the applicant for the offence punishable under Section 324 of the IPC and has been sentenced to undergo six months with fine of Rs.500/- with default stipulation.
Learned counsel for the applicant submits that the applicant has already
deposited the fine amount. He is in jail since 13.08.2021. He was on bail during the trial and he did not misuse the liberty granted to him. There are fair chances to succeed in the case. 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 looking to the facts and circumstances of the case and short sentence and the 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 2 CRR-1992-2021 appropriate to suspend the custodial sentence awarded to the applicant and grant bail to him.
Consequently, I.A.No.15383/2021 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 Rahul Soni be released from custody on his furnishing a
personal bond in the sum of Rs.35,000/- 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.
List after receipt of the record.
Certified copy/e-copy as per rules/directions.
(ARUN KUMAR SHARMA) JUDGE
pn
Signature Not Verified SAN
Digitally signed by PANKAJ NAGLE Date: 2021.09.13 17:31:17 IST
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