Jagdish vs The State Of Madhya Pradesh
2022 Latest Caselaw 158 MP

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            THE HIGH COURT OF MADHYA PRADESH
                              CRR-2447-2021
                      (Jagdish Vs. State of M.P.)

Gwalior, dt. :04/01/2022

      Shri Anand Singh Sikarwar, learned counsel for applicant.

      Shri Ravindra Singh Kushwah, learned Dy. Advocate General for

respondent/State.

Heard on IA. No.29541/2021, an application u/Sec.397(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of applicant is

taken up and considered.

This criminal revision assails the judgment dated 24.09.2021 passed

in Criminal Appeal No.5787/2019 by 2 nd Additional Sessions Judge, Jaura,

District Morena (M.P.), whereby the judgment of conviction and order of

sentence dated 27/08/2019 passed in Criminal Case No.700657/2010 by

Judicial Magistrate First Class, Jaura, District Morena (M.P.) has been

confirmed by which applicant has been convicted and sentenced as under:-

          Section            Imprisonment                Fine
    354 IPC                One Year's R.I.     Rs.500/- with default
                                               stipulation

Learned counsel for the applicant submits that applicant has been

falsely implicated in the case due to previous animosity between the parties.

Prosecutrix is neighbour of the accused/applicant and there are serious

infirmities in the prosecution evidence still the applicant is convicted and

his appeal has been dismissed. Applicant has remained in custody for more

than three months. Disposal of revision shall take considerable time.

Applicant has no criminal antecedents, therefore, the application for

suspension of sentence deserves to be allowed.

Per contra, learned Dy. Advocate General for the respondent/State

opposed the prayer and prayed for dismissal of this application.

Keeping in view, the facts and circumstances of the case,

particularly, having regard to the fact that the applicant and victim are

neighbour. The applicant has remained custody for more than three

months and disposal of revision shall take considerable time, without

expressing any opinion on merits, the application for suspension of

sentence is allowed.

It is directed that jail sentence of applicant will remain under

suspension subject to depositing fine amount and on his furnishing

personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two

solvent sureties of the like amount to the satisfaction of the concerned

trial Court, for his appearance before Office of this Court on 03/03/2022

and thereafter on all subsequent dates as may be fixed by the office.

Certified copy as per rules.

(Satish Kumar Sharma) Judge vpn VIPIN KUMAR AGRAHARI 2022.01.05 13:42:18 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'