Citation : 2021 Latest Caselaw 6259 MP
Judgement Date : 30 September, 2021
1 CRR-2083-2021
The High Court Of Madhya Pradesh
CRR-2083-2021
(JANKI Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 30-09-2021
Heard through Video Conferencing.
Shri Anoop Saxena, learned counsel for applicant.
Shri Ramji Pandey, learned P.L. for respondent/State.
Records of the Courts below are received.
Heard on the question of admission.
Admit.
Also heard o n I.A.No.15879/2021, an application for suspension of sentence and grant of bail to the applicant.
The trial Court has convicted the applicant under section 304-A of IPC Act and sentenced to R.I. for 2 years with fine of Rs.1,000/- while the lower Appellate Court has affirmed the findings of the judgment and modified the order of sentence and sentenced him to RI one year with fine of Rs.1,000/-.
Learned counsel for the applicant has submitted that the applicant is in
judicial custody since the date of judgment i.e. on 26.8.2021, there is no
likelihood of coming up of this revision for final hearing in near future. It is also submitted that during the trial, the applicant was on bail and he did not misuse the liberty granted to him. Hence, the jail sentence of the applicant be suspended and he be released on bail.
Le a r ne d counsel for the respondent-State has opposed the application for suspension of sentence and grant of bail.
Looking to the facts and circumstances of the case, I am of the view that it is a fit case to allow the application for suspension of sentence and grant of bail to the applicant. Hence, I.A.No.15879/2021 is allowed.
It is directed that subject to depositing the fine amount, if already not deposited, the execution of jail sentence of the applicant s hall remain Signature Not SAN Verified suspended during the pendency of this revision and he shall be released on Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.09.30 16:42:55 IST 2 CRR-2083-2021 bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 29.11.2021 and thereafter on all other such subsequent dates as may be fixed by the Registry of this Court in this regard, during the pendency
of the revision.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
I.A.No.15879/2021 stands allowed and disposed of. C.C., as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
kkc
Signature
SAN Not
Verified
Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.09.30
16:42:55 IST
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