Chandrakumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8023 MP

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                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                            CRR No. 2323 of 2020
                                                   (CHANDRAKUMAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 17-06-2022
                                   Mr. Sourabh Bhushan Shrivastava, learned counsel for the applicant.

                                   Mr. Himanshu Tiwari, learned Panel Lawyer for the respondent/State.

Heard on the question of admission. The revision is admitted for hearing. The proposed documents being relevant, I.A. No.11135/2022 is allowed and the documents are taken on record.

Considered I.A.No.11115/2022, which is an application for suspension of

sentence and grant of bail on behalf the applicant.

B y the impugned judgment dated 07.11.2017 passed in Criminal Appeal No.09/2016 by learned 5th Additional Sessions Judge, Khandwa the applicant has been convicted for offences punishable under sections 406, 420, 467, 468 and 471 of the Indian Penal Code and sentenced to undergo R.I. for 2 years (fine of Rs.3,000/-), RI for 2 years (fine of Rs.3,000/-), RI for 3 years (fine of Rs.5,000/-), RI for 2 years (fine of Rs.3,000/-) and RI for 3 years (fine of Rs.5,000/-), respectively with default stipulations.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The courts below have not properly

appreciated the oral and documentary evidence on record. It is further contended that till now the applicant has already served sentence of more than two years. Final disposal of this revision would take considerable time. Therefore, sentence of the applicant be suspended.

Learned Panel Lawyer has opposed the prayer for suspension of sentence. Signature Not Verified SAN Considering the over all facts and circumstances of the case, and quantum of

SHARAN SHUKLA sentence imposed upon the applicant as well as custody period already undergone by Digitally signed by KOUSHALENDRA

Date: 2022.06.17 19:15:09 IST

him and the fact that final disposal of this revision would take considerable time, without commenting on merits of the case, the application (I.A. No.11115/2022) is allowed.

It is directed that on depositing of fine amount, if already not deposited, and if the applicant furnishes bail bond of Rs.40,000/- [Rupees Forty Thousand only] with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant- Chandrakumar shall remain suspended and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 28.9.2022 and on all subsequent dates as may be fixed in this regard.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.06.17 19:15:09 IST