Citation : 2022 Latest Caselaw 6497 MP
Judgement Date : 29 April, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 2096 of 2021
(HANUMAT @ HANUMANT SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 29-04-2022
Shri Ankit Saxena, learned counsel for the applicant.
Shri Madhur Shukla, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Admit.
Shri Madhur Shukla, learned Panel Lawyer accepts notice on behalf of respondent/State.
Also heard on I.A. No.15949/2021, an application for suspension of sentence and grant of bail filed on behalf of the applicant.
This criminal revision is directed against the judgment dated 16.08.2021 passed by the Additional Sessions Judge, Bareli, District Raisen (M.P.) in Cr.A.No.100020/2015, whereby the judgment of conviction and order of sentence dated 10.12.2014 passed by Judicial Magistrate First Class, Bareli, District Raisen (M.P.) in Criminal Case No.572/2004 has been modified. Consequently, the applicant stands convicted under Sections 109, 409, 418, 420, 467, 468, 471, 477(d) of IPC and sentenced to undergo R.I. for three years with fine of Rs.100/-
respectively, with default stipulations.
Learned counsel for the applicant submits that present applicant has surrendered before the trial Court and he has wrongly been convicted. Learned Courts below have erred in appreciating the evidence on record. The applicant is permanent resident of District Raisen. There are fair chances of success of this revision. The revision may take long time for its conclusion and the applicant cannot be kept in custody for an unlimited period. Looking to the sentence of the applicant, if execution of jail sentence of the applicant is not suspended, then this revision will turn infructuous because it cannot be decided within one year in future. Under these circumstances, it is prayed that the execution of sentence be suspended and the applicant may be released on bail. Signature Not Verified SAN On the other hand, learned Panel Lawyer opposed the prayer. Digitally signed by VARSHA CHOURASIYA Date: 2022.04.29 17:16:38 IST Keeping in view the facts and circumstances of the case, I.A.
No.15949/2021 is allowed.
It is, therefore, directed that if applicant namely Hanumat @ Hanumant Singh deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one
solvent surety in the like amount to the satisfaction of trial Court for his appearance
before the Registry of this Court on 4 th July, 2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.
List this case for final hearing in due course alongwith CRR No.2072/2021. A copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(S. A. DHARMADHIKARI) JUDGE
vc
Signature Not Verified SAN
Digitally signed by VARSHA CHOURASIYA Date: 2022.04.29 17:16:38 IST
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