Citation : 2022 Latest Caselaw 329 MP
Judgement Date : 6 January, 2022
1 CRR-2781-2021
The High Court Of Madhya Pradesh
CRR No. 2781 of 2021
(DHAWA URF GANESH SINGH LODHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-01-2022
Mr. Pradeep Kumar Shrivastava, learned counsel for the applicant.
Ms. Shikha Baghel, learned Panel Lawyer for the State.
Heard on the question of admission.
This revision seems to be arguable, therefore, admitted for
hearing.
Record of the Courts below is available.
Also heard on I.A.No.19310/2021, which is first application under
Section 397(1) for suspension of sentence and grant of bail to the
applicant - Dhawa @ Ganesh Singh Lodhi against the impugned
judgment dated 02.09.2021 in Cr.A.No.01/2021 passed by Upper
Sessions Judge, Patan, District Jabalpur (M.P.), arising out of the
judgment and findings dated 14.01.2021 passed by JMFC, Class-I Patan,
District Jabalpur (M.P.) in RCT No.100446/2015, convicting the
applicant for the offences punishable under Sections 380 and 457 of the
I.P.C. and sentencing him to undergo R.I. for one year each with fine of
Rs.100/- each with default stipulations.
Learned counsel for the applicant submits that the applicant has
served sentence of six months. He was in jail since 02.05.2015 to
22.08.2015
, thereafter, since 02.09.2021 till now. There is no criminal past of the applicant.
On the other hand, learned Panel Lawyer opposed the application and prayed for rejection of the same.
Looking to the overall facts and circumstances of the case and considering the fact that revision will take time for its final disposal, without commenting on merits, the application is allowed.
Consequently, I.A. No.19310/2021 is allowed subject to deposit of 2 CRR-2781-2021 fine amount, if not already deposited. The custodial sentence awarded to the applicant shall remain suspended during the pendency of this revision. Applicant - Dhawa @ Ganesh Singh Lodhi be released from custody on his 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 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.
List for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
shahina
Signature Not Verified SAN
Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.01.07 15:14:53 IST
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