Vishal vs The State Of Madhya Pradesh
2021 Latest Caselaw 6152 MP

     HIGH COURT OF MADHYA PRADESH
                                     Cr.R No. 2353/2021
                   (Vishal and Abhishek Vs State of M.P.)

Gwalior dated 28/09/2021
      Shri Pooran Kulshreshth, learned counsel for the
applicants.
      Shri Avneesh Singh, learned Public Prosecutor for the
respondent/State.

Heard on the question of admission.

Revision seems to be arguable, hence admitted for

final hearing.

Shri Avneesh Singh, learned Public Prosecutor takes

notice of this revision on behalf of the State.

Record of the lower Court be called for.

Also heard on I.A. No. 29038/2021, an application

for suspension of sentence.

Applicants have been convicted vide Judgment of

conviction and order of sentence dated 16/09/2021

passed by Additional Sessions Judge, Chachoda, Dist.

Guna in Cr.A. No. 43/2021 for the offence punishable

under Section 354 of IPC and sentenced to undergo one

year imprisonment each with fine of Rs. 500/- each and

in default of payment of fine further ordered to undergo

one month SI each.

Learned counsel for the applicants submits that the HIGH COURT OF MADHYA PRADESH Cr.R No. 2353/2021 (Vishal and Abhishek Vs State of M.P.)

applicants were on bail during trial as well as at the

appellate stage and they did not misuse the liberty of bail

granted to them. The fine amount has already been

deposited by the applicants. There are fair chances of

success of this revision. Looking to the sentence of the

applicants, if execution of jail sentence of the applicants

is not suspended then this revision will turn infructuous

because it cannot be decided within one year in future.

Under these circumstances, applicants pray that

execution of sentence be suspended and the applicants

be released on bail.

On the other hand, learned counsel appearing on

behalf of the State opposes the bail application.

Keeping in view the aforesaid submission of learned

counsel for the parties and the facts & circumstances of

the case, I.A. No. 29038/2021 is allowed.

Thus, the execution of jail sentence of applicants

Vishal & Abhishek is hereby suspended subject to

deposit of fine amount and they be released on bail on

their furnishing personal bond in the sum of Rs.

HIGH COURT OF MADHYA PRADESH Cr.R No. 2353/2021 (Vishal and Abhishek Vs State of M.P.)

50,000/- (Rupees Fifty thousand only) each with

surety bond each in the like amount to the satisfaction of

C.J.M. Guna for their appearance before the CJM on

05.01.2022 and all other subsequent dates as may be

fixed by the C.J.M.

In case, the applicants are found absent on any

date fixed by the C.J.M, concerned then the said C.J.M

shall be free to issue and execute warrant of arrest for

securing their presence without first referring the matter

to this Court, provided the Registry of this Court is kept

informed.

List the case for final hearing in due course

Certified copy as per rules.

(S.A DHARMADHIKARI) JUDGE Durgekar*

SANJAY Digitally signed by SANJAY N DURGEKAR DN: c=IN, o=HIGH COURT OF

N MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya

DURGEK Pradesh, 2.5.4.20=148d33096a059f4adb584e1 b0b1d3a3616b3e020c6aff92108afad 476190e841, cn=SANJAY N

AR DURGEKAR Date: 2021.09.28 14:21:54 +05'30'