Lalu @ Devesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2850 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 200 of 2022
                    (LALU @ DEVESH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 28-02-2022
      Ms. Rashi Dua, counsel for the applicant.

      Shri C.M.Tiwari, Government Advocate for the respondent/State.

Heard on the question of admission.

This criminal revision is admitted for hearing. I.A.No. 2620/2022, application for taking additional documents on record is considered and allowed.

Heard on I.A. No.879/2022 which is first application for suspension of sentence and grant of bail to the applicant.

The applicant stands convicted by the lower appellate Court vide judgment

dated 15.12.2020 passed by the 3r d Additional Sessions Judge, Betul in Criminal Appeal No.06/2020 arising out of judgment and findings dated 28.12.2015 passed by the JMFC, Amla District Betul in RCT No. 230/2007 for offence punishable under Sections 326/34 of the Indian Penal Code and has been sentenced to undergo RI for two years with fine of Rs.1,000/- and default stipulation.

Learned counsel for the applicant submits that the applicant is innocent and

the impugned judgment passed against him is perverse and illegal. The co-accused Vijay has been released on bail by this Court vide order dated 07.02.2022. The disposal of this revision would take considerable time. Therefore, he is entitled to be released on bail after suspension of his sentence.

Learned Panel Lawyer for the State has vehemently opposed application for suspension of sentence.

Considering the facts and circumstances of the case, the period of sentence awarded on the applicant and on the ground of parity, without commenting upon the merits of the case, I.A. No.879/2022 is allowed. It is directed that on depositing fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon applicant, namely, Lalu @ Devesh shall remain

suspended during the pendency of this case and he shall be released on bail. He shall appear before the trial Court on 18.07.2022 and on all other subsequent dates, as may be fixed by the trial Court in this regard during the pendency of this case.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2022.02.28 17:56:35 +05'30'