Radheshyam @ Kallu vs State Of M.P.
2022 Latest Caselaw 936 MP

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              The High Court of Madhya Pradesh
                                                          Cr.R.No.977/2012

                (Radheshyam @ Kallu Vs. State of M.P.)

Gwalior dated 19.01.2022

       Shri Rishikesh Bohare, learned counsel for the petitioner.

       Shri B.M.Shrivastava, learned Public Prosecutor for the

respondent/State.

Heard on IA.No.729/2022, second application u/Sec. 397 of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

petitioner.

This criminal revision has been filed against the judgment dated

26.12.2012 passed by the Sessions Judge, Ashoknagar, in Criminal

Appeal No.69/2012 affirming the judgment dated 28.2.20212 passed by

the JMFC, Ashoknagar, in Criminal Case No.777/2005 whereby

petitioner has been convicted under Sections 354 and 457 of IPC with

maximum jail sentence of three months RI.

It is submitted by learned counsel for the petitioner that first

application for suspension of sentence was allowed and sentence of the

petitioner was suspended by this Court and he was directed to appear

before the concerned CJM on the dates so fixed by him, but he could

not appear on 29.9.2019. Therefore, arrest warrant was issued against

him and he was arrested on 29.12.2021. It is further submitted that in

future the petitioner shall regularly appear before the Court on the dates

so fixed. Hence, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

The High Court of Madhya Pradesh Cr.R.No.977/2012

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.729/2022 is allowed and it

is directed that jail sentence of petitioner will remain under suspension,

on petitioner's furnishing cash security of Rs.25,000/- along with bail

bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one

solvent surety of the like amount to the satisfaction of concerned CJM

for his appearance before the CJM on 28th March, 2022 and on such

further dates as may be fixed by the CJM in this regard till disposal of

the revision. In case of any default, cash security of Rs.25,000/- shall

be forfeited.

I.A.No.728/2022 for urgent hearing is disposed of accordingly.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.01.19 17:32:42 +05'00'