Mukesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1879 MP

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                                                                                  CRR No.3489/2021

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
            Criminal Revision No.3489/2021
Indore, Dated 10.02.2022
       Hearing through Video Conferencing.

       Mr. Burhan uddin Azad, learned counsel for applicant Mukesh

s/o Juwan Singh Bhilala.

       Ms. Seema Maheshwari, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on the question of admission.

Criminal revision filed under Section 397 of the Code of

Criminal Procedure, 1973 is admitted for final hearing.

Also heard on IA No.30087/2021, 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, Kukshi, District Dhar (MP)

in Criminal Case No.1926/2013 vide judgment dated 4th February,

2017, as under: -

                 Conviction                             Sentence
     Section            Act        RI        Fine        Imprisonment in lieu of fine
                                            amount
     304-A              IPC       1 year   Rs.500/-                7 days
   03 r/w 181      MV Act, 1988            Rs.500/-                7 days
   146 r/w 196     MV Act, 1988            Rs.500/-                7 days
   39 r/w 192      MV Act, 1988            Rs.2,000/-              7 days

The aforesaid judgment has been affirmed by learned 1 st

CRR No.3489/2021

Additional Sessions Judge, Kukshi District Dhar (MP) in Criminal

Appeal No.17/2017 vide judgment dated 10.12.2021.

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.30087/2021, 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.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.11 17:42:25 +05'30'