Laxman Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 2853 MP

The High Court Of Madhya Pradesh CRR No. 624 of 2022 (LAXMAN SAHU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 28-02-2022 Shri Anand Mohan Khare, counsel for the applicant.

Shri C.M.Tiwari, Government Advocate for the State. Heard on the question of admission.

Revision is admitted for final hearing.

Also heard on I.A.No.3213/2022, which is first application filed on behalf of applicant for suspension of sentence and grant of bail.

Applicant stands convicted vide impugned judgment dated 31.12.2021 in CRA No. 255/2016 passed by the Second Additional Sessions Judge, Multai, District Betul, arising out of the judgment and findings dated 30.07.2016 in RCT No. 1797/2007 passed by the Judicial Magistrate First Class, Multai, District Betul convicting the applicant for the offence punishable under Section 420 and 409 of the Indian Penal Code and sentenced to undergo R.I. for three years and three years respectively with fine of Rs. 5,000/- (two counts) and default stipulation.

Learned counsel for the applicant submits that the sentence awarded to the applicant is of three years. Final disposal of this case would take considerable

time, hence, it is prayed that the substantive jail sentence of the applicant be suspended and he be released on bail.

Learned Government Advocate for the State has strongly opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, and the quantum of sentence awarded to the applicant, without commenting on merits, the application is allowed.

It is directed that subject to depositing 50% of the amount embezzled by the applicant within one month from the date of this order and on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant - Laxman Sahu shall remain suspended during the pendency of this case and he shall be released on bail. The applicant

shall appear before the trial Court concerned on 18.07.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this case.

I.A.No.3213/2022 stands disposed of.

Record of the Courts below be called for.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2022.02.28 18:00:04 +05'30'