Jagdishchandra Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 649 MP

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                                                                             CRR No.4778/2019

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Revision No.4778/2019
Indore, Dated 13.01.2022
       Hearing through Video Conferencing.

       Shri Vivek Singh, learned counsel for applicant No.1

Jagdishchandra Gupta s/o Gopilal Gupta.

       Shri Sameer Verma, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.5399/2020, a repeat (second) application

under Section 397 (1) of the Code of Criminal Procedure, 1973 for

suspension of jail sentence and grant of bail filed on behalf of

applicant No.1 Jagdishchandra Gupta.

The present applicant has been convicted and sentenced by

learned Chief Judicial Magistrate, Rajgarh, District Rajgarh Biaora

(MP) in Criminal Case No.1501/2018 vide judgment dated 18 th

January, 2019, as under: -

              Conviction                           Sentence
    Section        Act       RI        Fine         Imprisonment in lieu of fine
                                      amount
    457/34         IPC     2 years   Rs.5,000/-               1 month RI
   201/409         IPC     2 years   Rs.5,000/-               1 month RI
     409           IPC     7 years   Rs.50,000/-              3 months RI
    477-A          IPC     3 years   Rs.50,000/-              3 months RI

The aforesaid judgment has been affirmed by learned Special

Judge, Rajgarh District Rajgarh Biaora (MP) in Criminal Appeal

No.18/2019 vide judgment dated 26.08.2019.

The first application of the applicant has already been

CRR No.4778/2019

dismissed as withdrawn on 01.07.2020.

Learned counsel for the applicant has submitted that the

applicant is sentenced to undergo 7 years RI and out of which he has

already completed 3 years 3 months and 21 days. Thus, it is

submitted that the substantive period has already been suffered by the

applicant and the final disposal of the present criminal revision is

likely to take sufficiently long time.

Thus, learned counsel for the applicant prays for suspension of

jail sentence.

Learned counsel for the respondent / State, on the other hand,

has opposed the prayer.

Having considered the rival submissions and on perusal of the

record, as also taking note of the period of incarceration of the

applicant, I am inclined to allow the application for suspension of jail

sentence and release the applicant on bail.

Accordingly, without expressing any opinion on merits, IA

No.5399/2020, a repeat application for suspension of jail sentence

filed on behalf of applicant is allowed and it is directed that the

execution of jail sentence awarded to the applicant shall remain

suspended, subject to the depositing the fine amount, if any, and upon

furnishing personal bond in the sum of Rs.50,000/- (rupees fifty

thousand) with one local solvent surety in the like amount to the

satisfaction of the trial Court for his / her appearance before trial

CRR No.4778/2019

Court on 22.07.2022 and on such other dates as may be fixed by the

concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.01.13 18:55:16 +05'30'