Ashok Tiwari vs The State Of M.P.
2021 Latest Caselaw 5632 MP

1 CRR-1878-2021 The High Court Of Madhya Pradesh CRR-1878-2021 (ASHOK TIWARI Vs THE STATE OF M.P.)

Jabalpur, Dated : 17-09-2021 Heard through Video Conferencing.

Shri Sanjay Kumar Patel, learned counsel for the applicant. Shri K.K. Agnihotri, learned Panel Lawyer for the State. Records of the Courts below has been received. Heard on the question of admission.

Revision is admitted for final hearing. Also heard on I.A.No.14797/2021, which is first application under Section 389(1) of the Code of Criminal Procedure on behalf of applicant - Ashok Tiwari, for suspension of sentence and grant of bail.

Applicant has been convicted by the learned trial Court vide impugned judgment dated 07.08.2021 in Cr.A.No.26/2015, passed by III Addl. Sessions Judge, Panna, convicting the applicant for the offence punishable under Section 406 of IPC and sentenced him to undergo RI for one year and fine of Rs.250/- 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 commenting on merits, the application is allowed.

I t is directed that on furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety each in 2 CRR-1878-2021 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.14797/2021 is allowed.

List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

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Signature Not Verified SAN

Digitally signed by PRASHANT BAGJILEWALE Date: 2021.09.17 17:15:14 IST