Citation : 2021 Latest Caselaw 5598 MP
Judgement Date : 17 September, 2021
1 CRR-2157-2021
The High Court Of Madhya Pradesh
CRR-2157-2021
(RAJESH @ LALLI DUBEY Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 17-09-2021 Heard through Video Conferencing.
Shri Abhishek Mishra, Advocate for applicant. Shri Shahrukh Riyaz, Panel Lawyer for State. Record be called for.
Heard on I.A.No.16387/2021 filed by the applicant/accused for
suspension of his jail sentence awarded by the 4th Additional Judge to the Court of 1st Additional Sessions Judge, Katni in Criminal Appeal No.41/2019 vide its judgment dated 9.8.2021 convicting the applicant under Section 353 of the IPC and sentencing him to undergo rigorous imprisonment for one year and fine of Rs.500/- with default stipulation.
Learned counsel for the applicant/accused submits that during trial as well as during pendency of the appeal, the applicant/accused was on bail and he did not misuse the liberty so far. Further, the applicant is in
jail since 9.8.2021. On these grounds, learned counsel for the applicant prays for suspension of execution of jail sentence and grant of bail to the applicant.
Learned Panel Lawyer for the State opposes the application. Looking to the aforesaid facts and circumstances of the case and further considering the short period of the jail sentence, I.A.No.16387/2021 is allowed. It is directed that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the applicant/accused Rajesh @ Lalli shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- with a solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the 2 CRR-2157-2021 Trial Court on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed by the Court in this regard during the pendency of the revision.
In case, the applicant is found absent on any date fixed by the Trial Court, then the said Court shall be free to issue and execute warrant of
arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.
List this case immediately after receipt of the record on question of admission.
Certified copy as per rules.
(ARUN KUMAR SHARMA) JUDGE
amit
Signature Not Verified SAN
Digitally signed by AMIT JAIN Date: 2021.09.17 16:42:24 IST
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