Citation : 2022 Latest Caselaw 3881 MP
Judgement Date : 21 March, 2022
1 CRR N.285/2022
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Revision No.285/2022
Indore, Dated 21.03.2022
Shri Shivendra Singh Rawat, learned counsel for applicant Rajendra
Singh s/o Prem Singh.
Shri Mukesh Kumawat, learned Government Advocate for the
respondent / State of Madhya Pradesh.
Heard on the question of admission.
Criminal revision filed under Section 397 read with Section 401 of
the Code of Criminal Procedure, 1973 is admitted for final hearing.
Also heard on IA No.1269/2022, first 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 the applicant.
The present applicant has been convicted and sentenced by learned
Judicial Magistrate First Class, Bagli, District Dewas (MP) in Criminal
Case No.1187/2006 vide judgment dated 19th April, 2017, as under: -
Conviction Sentence
Section Act RI Fine Imprisonment in lieu of fine
amount
409 IPC 3 years Rs.2,000/- 3 months RI
The aforesaid judgment of conviction has been affirmed by learned
2nd Additional Sessions Judge, Bagli District Dewas (MP) in Criminal
Appeal No.15/2017 vide judgment dated 27.02.2021, but his sentence has
been reduced to one year rigorous imprisonment.
Looking to the short sentence imposed on the applicant, learned
counsel for the applicant prays for suspension of jail sentence.
2 CRR N.285/2022
Considering the fact that the sentence of one year rigorous
imprisonment is imposed on the applicant, I am inclined to allow the
application for suspension of jail sentence and release him on bail.
Accordingly, without expressing any opinion on merits, IA
No.1269/2022, first 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 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 2022.03.21 18:30:43 +05'30'
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