[email protected] Dinesh Yadav. vs The State Of Madhya Pradesh
2021 Latest Caselaw 5461 MP

                                   1                               CRR-1830-2021
        The High Court Of Madhya Pradesh
                   CRR-1830-2021

([email protected] DINESH YADAV. Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-09-2021 Heard through Video Conferencing.

Shri Rakesh Singh, Advocate for the applicant. Shri Dharmendra Kaurab, P.L. for the State. Record of the Courts below is available.

Heard on admission.

Revision is admitted for final hearing.

Also heard on I.A.No.14514/2021, 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 30.07.2021 in Cr.A.No.45/2016 passed by Second Additional Sessions Judge Satna arising out of the judgment and findings dated 19.11.2015 passed by JMFC, Satna in CR. Case. No.6120/2008 and convicted the applicant for the offence punishable under Section 14 of Rajya Suraksha Adhiniyam, 1990 and has

been sentenced to undergo RI for six months with fine of Rs.1000/- with default stipulation.

Learned counsel for the applicant submits that the applicant has already deposited the fine amount. He is in jail since 30.07.2021. 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 be suspended and he 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 the revision will take 2 CRR-1830-2021 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 them.

Consequently, I.A.No.14514/2021 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 be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety in the like amount to the satisfaction of the Trial Court. The applicant shall appear and mark his 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.

Case be listed for final hearing in due course. Certified copy/e-copy as per rules/directions.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.09.16 10:36:34 IST