Bhagwandas vs The State Of Madhya Pradesh
2021 Latest Caselaw 5480 MP

                                   1                                 CRR-2141-2021
        The High Court Of Madhya Pradesh
                   CRR-2141-2021

(BHAGWANDAS Vs THE STATE OF MADHYA PRADESH)

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

Shri Surya Kumar Patel, learned counsel for the applicant. Shri Ajay Tamrakar, learned Panel Lawyer for the State. Heard on the question of admission.

Revision is admitted for final hearing.

Records of the Courts below be requisitioned. Also heard on I.A.No.16277/2021, which is first application under Section 389(1) of the Code of Criminal Procedure on behalf of applicant - Bhagwandas for suspension of sentence and grant of bail.

Applicant has been convicted by the learned trial Court vide impugned judgment dated 31.08.2021 in Cr.A.No.48/2019, passed by Sessions Judge, Panna, arising out of the judgment and findings dated 17.05.2019 passed by Judicial Magistrate First Class, Ajaygarh District Panna in Criminal Case No.163/2017, convicting the applicant for the offence punishable under

Section 323 read with Section 34 of IPC and sentenced only fine of Rs.500/- and also convicted under Section 325 of IPC and sentenced him to undergo R.I. for one year with fine of Rs.500/- with default stipulations.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The final disposal of the revision would take time. Therefore, it has been prayed that the substantive jail sentence of the applicant be suspended.

Learned Panel Lawyer for the State has strongly opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, the quantum of sentence awarded by the trial court, and the fact that disposal of instant revision would take considerable time due to COVID-19, without 2 CRR-2141-2021 commenting on merits, the application is allowed.

I t is directed that on furnishing personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand Only) with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 08.12.2021 and on all such subsequent dates, as may be fixed in this regard.

Accordingly, I.A.No.16277/2021 is allowed. List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

pb

Signature Not Verified SAN

Digitally signed by PRASHANT BAGJILEWALE Date: 2021.09.16 13:14:17 IST