Shaitan Kol vs The State Of Madhya Pradesh
2021 Latest Caselaw 6090 MP

                                  1                               CRR-2174-2021
        The High Court Of Madhya Pradesh
                   CRR-2174-2021
             (SHAITAN KOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 27-09-2021
      Heard through Video Conferencing.
      Mr.P.D.Jaiswal, learned counsel for the applicants.
      Ms.Nalini Gurang, learned P.L. for the respondent/State.

Heard on the question of admission.

The revision seems to be arguable. It is admitted for hearing.

Let record of the courts below be called for. Considered I.A.No.16445/2021, an application for suspension of sentence on behalf of applicants-Shaitan Kol and Pramod s/o Babulal.

By the impugned judgment dated 04.9.2021 passed by the learned lower appellate Court in Criminal Appeal no.24/2020 the applicants have been convicted for offences u/s 379 IPC and 3/18 of MP Khanij (Avaidh Utkhanan Parivahan Avam Bhandaran Ka Nivaran) Rule, 2006 and sentenced to undergo R.I. for 1 year and 1 year each with fine of Rs.1000/- & Rs.1000/- each respectively.

Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the crime in question. The impugned judgment has been passed without properly appreciating the oral and documentary evidence on record. The applicants were on bail during trial and they have not misused their liberty. The disposal of revision would take considerable time to conclude. The applicants are in jail since the date of judgment i.e. 04.9.2021. Hence, remaining jail sentence of applicants be suspended.

Learned Panel Lawyer has 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 2 CRR-2174-2021 merits, the application is allowed.

I t is directed that subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) each with a solvent surety each in the like amount, the remaining jail sentence imposed upon applicants- Shaitan Kol and Pramod s/o Babulal shall remain suspended during the pendency of this case

and they shall be released on bail.

T h e applicants 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.16445/2021 is allowed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.09.27 18:18:19 IST