Ishwardeen @ Chinnu vs The State Of Madhya Pradesh
2022 Latest Caselaw 252 MP

                                  1                              CRR-2169-2021
        The High Court Of Madhya Pradesh
                 CRR No. 2169 of 2021
              (ISHWARDEEN @ CHINNU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 05-01-2022
      Shri Shyam Yadav, counsel for the applicant.

      Ms. Papiya Ghosh, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Record is available.

Also heard on I.A.No. 16422/2021, which is first application under

Section 389(1) of the Code of Criminal Procedure on behalf of applicant for suspension of sentence and grant of bail.

Applicant stands convicted vide impugned judgment dated 28.06.2021 in Cr.A.No. 05/2021 passed by Addl. Sessions Judge, District Pavai, District Panna (M.P.), arising out of the judgment and findings dated 11.12.2020 passed by Judicial Magistrate First Class, Pawai, Panna in Criminal Case No. 401/2015, convicting the applicant for the offence punishable under Section 304-A and sentenced to undergo R.I. for one year with fine of Rs. 1,000/- and default stipulation.

Learned counsel for the applicant submitted that the sentence awarded to the applicant is of one year. He has already deposited the fine amount (copy of the receipt not annexed). Therefore, it is prayed that the substantive jail sentence of the applicant be suspended and he be released on bail.

Learned Panel Lawyer 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 on furnishing a personal bond in the sum of Rs. 30,000/- (Rupees Thirty 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 - Ishwardeen 2 CRR-2169-2021 @ Chinnu 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 27.04.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.16422/2021 stands disposed of.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2022.01.05 17:51:32 +05'30'