Ajaay vs The State Of Madhya Pradesh
2022 Latest Caselaw 2379 MP

                                      1                         Cr.R.3616-2021

    THE HIGH COURT OF MADHYA PRADESH, BENCH INDORE
                          Cr.R. No.3616 of 2021
                   ( AJAY Vs. STATE OF MADHYA PRADESH)
Indore, Dated: 21/02/2022

        Shri Yashpal Rathore, learned counsel for the petitioner.
       Shri Vaibhav Bhagawat, learned counsel appearing on behalf of
Additional Advocate General.
       Shri Rajeev Bhatijiwale, learned counsel for the respondent No.2.

Record of the lower court is available.

Heard on I.A. No.78/2022, which is an application for exemption

from surrender filed on behalf of the petitioner and I.A.No.30690/2021,

which is the first application under Section 397 of the Cr.P.C. for

suspension of jail sentence.

The petitioner has been convicted by the Additional Sessions Judge

(Electricity Act), Indore(M.P.) vide judgment dated 31.3.2021 passed in

Criminal Appeal No.323/2016 and sentenced them as under:-

      Conviction                             Sentence
  Section       Act      Imprisonment            Fine       Imprisonment
                                                            in lieu of fine
    471         IPC        03 years RI        10,000/-      03 months RI

Learned counsel for the petitioner has submitted that initially the trial

court has acquitted the present petitioner from the offences vide its

judgment dated 25.2.2016. However, on an appeal preferred by the private

respondent No.2 as also by the State the same has been reversed and now

the petitioner stands convicted as mentioned above by the lower appellate 2 Cr.R.3616-2021

court vide its judgment dated 31.8.2021. It is further submitted that the

during the course of the trial the petitioner was on bail and in fact this is the

first revision petition preferred by the petitioner after his conviction by the

lower appellate court. Thus, it is submitted the petitioner be exempted from

surrender and the application for suspension be also allowed.

In support of his contention, Shri Yashpal Rathore has filed a copy of

the order passed by this Court in Cr.R.No.1239/2021 dated 27.8.2021

wherein it is held that such exemption can be granted to a person in

exceptional circumstances.

Shri Rajeev Bhatjiwale, counsel for the respondent No.2 has opposed

the prayer.

Counsel for the State has also opposed the prayer.

Considering the submissions made on behalf of the parties and facts

and circumstances of the case and on perusal of the record including the

order passed by this Court in Cr.R.No.1239/2021 dated 27.8.2021, this

Court finds that under the peculiar facts and circumstances it is a fit case to

grant exemption to the petitioner from surrendering before the trial court.

Accordingly, without expressing any opinion on merits of the case,

I.A.No.78/2022, the application for exemption from surrender of the

petitioner and IA No.30690/2021, first application for suspension of jail

sentence filed on behalf of petitioner are allowed and it is directed that the

execution of jail sentence awarded to the petitioner shall remain suspended 3 Cr.R.3616-2021

upon furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty

Five Thousand only) each with one solvent surety in the like amount to the

satisfaction of the trial Court for his appearance before trial Court on

29.04.2022 and on such other dates as may be fixed by the concerned Court

in this regard.

Office is directed to reflect the name of Shri Rajeev Bhatjiwale,

counsel on behalf of the respondent No.2 in the daily case list.

Certified copy, as per rules.

(Subodh Abhayankar) JUDGE

moni Digitally signed by MONI RAJU Date: 2022.02.21 14:46:11 +05'30'