Kamlesh Sarkar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5940 MP

                                      1                            CRR-1747-2021
        The High Court Of Madhya Pradesh
                   CRR-1747-2021
                 (KAMLESH SARKAR Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 23-09-2021
      Shri Ravindranath Chaturvedi, counsel for the applicant.
      Shri Ajay Tamrakar, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Record is available.

Also heard on I.A.No.13863/2021, which is first application under Section 389(1) of the Code of Criminal Procedure on behalf of applicant for suspension of sentence and grant of bail.

Applicant stands convicted vide impugned judgment dated 22.07.2021 in Cr.A.No.25/2019 passed by Addl. Sessions Judge, District Raisen (M.P.), arising out of the judgment and findings dated 30.04.2019 passed by Chief Judicial Magistrate, Raisen in RCT No. 981/2006, convicting the applicant for the offence punishable under Sections 420, 467, 468, 471 of the IPC and Section 3(2)(c) and 9/14 of the Foreigners Act, 1946 and sentenced to

undergo RI for 2 years, 3 years, 1 year, 1 year and 3 years, respectively with fine and default stipulation.

Learned counsel for the applicant submitted that the applicant was on bail during trial and he has not misused the liberty. It is further stated that the Allahabad High Court has granted bail to similarly situated applicant in same set of facts in CRA No. 2753/2010. Therefore, it is prayed the substantive jail sentence of the applicant be suspended and he be released on bail.

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

Considering the overall facts and circumstances of the case, and the quantum of sentence awarded to the applicant, without commenting on merits, the application is allowed.

2 CRR-1747-2021 It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with two local sureties of Rs. 25,000/- each, the remaining jail sentence imposed upon applicant-Kamlesh Sarkar 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 10.12.2021 and on all such subsequent dates, as may be fixed in this regard.

Accordingly, I.A.No.13863/2021 is allowed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2021.09.23 16:43:35 +05'30'