Jitendra Batham vs The State Of Madhya Pradesh
2022 Latest Caselaw 1985 MP

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          THE HIGH COURT OF MADHYA PRADESH
                           CRR No.168/2022
              Jitendra Batham vs. State of M.P. & Anr.

Gwalior, Dated : 14/02/2022

      Shri B.K. Sharma, Counsel for the applicant.

      Shri G.P. Chaurasiya, Counsel for the respondent/State.

This criminal revision under Section 397, 401 of Cr.P.C. has

been filed against the order dated 4.1.2022 passed by fourth

Additional Sessions Judge, Shivpuri in Criminal Appeal No.02/2022

by which the application filed by the applicant under Section 389 of

Cr.P.C. has been dismissed.

It is submitted by the counsel for the applicant that the applicant

has been convicted by judgment dated 30.12.2021 passed by JMFC,

Kolaras, District Shivpuri in RCT No.101576/2015 for offence under

Section 8/20 of NDPS Act, however, the sentence was not suspended.

Thereafter, the applicant has filed an appeal and also filed an

application under Section 389 of Cr.P.C. but the said application has

been rejected by order dated 4.1.2022 passed by 4 th Additional

Sessions Judge, Shivpuri in Criminal Appeal No.2/2022 on the ground

that the Appellate Court has no jurisdiction to suspend the sentence

under Section 389 of Cr.P.C.

The record of the Court below has been received whereas the

appeal is still pending.

It is submitted by the counsel for the applicant that the High

Court has a jurisdiction to suspend the sentence, however, he fairly

THE HIGH COURT OF MADHYA PRADESH CRR No.168/2022 Jitendra Batham vs. State of M.P. & Anr.

conceded that the appeal which has been filed by the applicant can be

decided as expeditiously as possible because the applicant has been

sentenced to undergo rigorous imprisonment of one year only and a

fine amount of Rs.10,000/- has been deposited.

Heard the learned counsel for the parties.

The applicant has already been convicted and his appeal is

pending. Accordingly, the Appellate Court is directed to decide the

appeal positively within a period of one month from the date of receipt

of the record from this Court. The counsel for the applicant as well as

the Public Prosecutor are directed to cooperate with the Appellate

Court and they shall not seek any adjournment.

With aforesaid observations, the revision is dismissed.

The Office is directed to immediately send the record of the

Courts below to the Appellate Court along with the copy of this order

for necessary information and compliance.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.02.16 16:29:03 +05'30'