Virendra Singh Bundela vs The State Of Madhya Pradesh
2022 Latest Caselaw 3868 MP

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    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                            CRR No. 801 of 2022
              (VIRENDRA SINGH BUNDELA Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2022
      Mr. Shailendra Singh, learned counsel for the applicant.
      Mr. V. P. Tiwari, learned Government Advocate for the State.

      Heard on the question of admission.
      This criminal revision is admitted for hearing.
      Also heard on I.A.No.3944/2022, which is first application filed on
behalf of applicant for suspension of sentence and grant of bail.

      Applicant stands convicted vide impugned judgment dated 17.02.2022
in CRA No. 06/2021 passed by the IInd Additional Sessions Judge, Bijawar,
District Chhatarpur (M.P.) arising out of the judgment and findings dated
16.02.2021

in Criminal Case No.529/2020 passed by the Judicial Magistrate First Class, Badamalehra, District Chhatarpur convicting the applicant for the offence punishable under Sections 327/34, 332/34, 427/34 of the Indian Penal Code and sentenced to undergo R.I. for 2 years with fine of Rs.1,000/-, 2 years with fine of Rs.1,000/-, 6 months with fine of Rs.1,000/-, respectively

and Section 4 of the MP Chikitsak Tatha Chikitsa Seva Se Sambandit Sewa Adhiniyam, 2008 and sentenced to undergo RI for 3 months with fine of Rs.1,000/- with default stipulations.

Learned counsel for the applicant submits that the applicant is innocent and the impugned judgment passed against him is perverse and illegal. Co- accused Veeru @ Vijay Singh Thakur has been enlarged on bail. Final disposal of this case would take considerable time, hence, on the ground of parity 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 on the ground of parity, without commenting on merits, the application is allowed. It

is directed that on 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 concerned, remaining jail sentence imposed upon the applicant - Virendra Singh Bundela 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 19.07.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this case.

I.A.No. 3944/2022 stands disposed of.

Record of the Courts below be called for.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.22 12:22:30 IST