Citation : 2022 Latest Caselaw 2223 MP
Judgement Date : 17 February, 2022
01
THE HIGH COURT OF MADHYA PRADESH
CRR 533-2022
(Sanjay Sharma Vs. State of M.P.)
Gwalior, Dated: 17.02.2022
Shri Shahrukh Alam, learned counsel for petitioner.
Shri G.P. Chaurasia, learned Public Prosecutor for
respondent/State.
Heard on admission.
Revision being arguable, is admitted for final hearing.
Record of the Courts below be called for.
Also heard on IA.No.2680/2022, an application u/Sec. 397(1)
of Cr.P.C. for suspension of sentence and grant of bail filed on behalf
of petitioner- Sanjay Sharma.
This criminal revision has been filed against the judgment
dated 09.02.2022 passed by the 1st Additional Sessions Judge, Gohad
District Bhind, in Criminal Appeal No.200223/2016 affirming the
judgment dated 04.10.2016 passed by JMFC Gohad District Bhind by
which the petitioner has been convicted for the offence punishable
under section 304-A IPC and sentencing him to suffer one year and
six months R.I. with fine of Rs.2000/-.
It is submitted by learned counsel for the petitioner that during
trial as well as appeal petitioner was on bail, but he did not misuse the
liberty so granted. Amount of fine has been deposited by him. It is
further submitted that looking to the short term of sentence, sentence
of the petitioner may be suspended during pendency of the revision.
Learned counsel for the State opposed the application and
prayed for its rejection.
Considering the facts and circumstances of the case, but
without commenting upon merits of the case, IA.No.2680/2022 is
allowed and it is directed that jail sentence of petitioner will remain
under suspension subject to verification that amount of fine has been
deposited, on petitioner's furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand Only) with one solvent surety of the like
amount to the satisfaction of concerned Trial Court for his appearance
before the Principal Registrar of this Court on 21st April, 2022 and on
such further dates as may be fixed by the office in this regard.
C.c. as per rules.
(Deepak Kumar Agarwal) Judge ojha
YOGENDRA OJHA 2022.02.17 02:39:00 +05'30'
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