Tejunath vs The State Of Madhya Pradesh
2022 Latest Caselaw 5914 MP

                                                   1                                   CRR No.652/2022



           High Court of Madhya Pradesh, Jabalpur
                       Bench at Indore
            Criminal Revision No.652/2022
Indore, Dated 22.04.2022
        Ms. Drishti Rawal, learned counsel for applicant Tejunath s/o
Shree Kishannath.
        Shri Bhuwan Deshmukh, learned Government Advocate for
the respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Criminal revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 is admitted for final hearing.

Also heard on IA No.2871/2022, first application under Section 397 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant.

The present applicant has been convicted and sentenced by learned Judicial Magistrate First Class, Depalpur, District Indore (MP) in Criminal Case No.1157/2013 vide judgment dated 6 th March, 2020, as under: -

               Conviction                              Sentence
     Section          Act       RI       Fine           Imprisonment in lieu of fine
                                        amount
   25 (1-B) (A)    Arms Act   1 years   Rs.500/-                  1 month RI

The aforesaid judgment of conviction and sentence has been affirmed by learned Additional Sessions Judge, Depalpur District

Indore (MP) in Criminal Appeal No.06/2021 vide judgment dated 04.02.2022.

Looking to the short sentence imposed on the applicant, learned counsel for the applicant prays for suspension of jail sentence.

Considering the fact that the sentence of one year rigorous imprisonment is imposed on the applicant, I am inclined to allow the application for suspension of jail sentence and release him on bail.

Accordingly, without expressing any opinion on merits, IA No.2871/2022, first application for suspension of jail sentence filed on behalf of applicant is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one local solvent surety in the like amount to the satisfaction of the trial Court for his / her appearance before trial Court on 22.07.2022 and on such other dates as may be fixed by the concerned Court in this regard.

The matter may be heard finally on the next date of hearing. Let the matter be listed in the week commencing 11.07.2022. C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.04.22 17:20:44 +05'30'