Rakesh vs State Of M.P.
2023 Latest Caselaw 20882 MP

Madhya Pradesh High Court

Rakesh vs State Of M.P. on 11 December, 2023

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 902 of 2006 (RAKESH Vs STATE OF M.P.)

Dated : 11-12-2023 Shri Anshu Gupta - Advocate for accused/revisionist.

Shri G.K.Agrawal - Public Prosecutor for State. Order on I.A. No.22631/2023.

Second application has been filed under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail on behalf of sole

accused/revisionist.

T he accused/revisionist has been convicted under Section 326 of IPC and sentenced to suffer R.I. for one year with fine of Rs.2500/- with default stipulation, vide judgment dated 23.09.2006 passed by Second Additional Sessions Judge(Fast Track), Sheopur, M.P. delivered in Criminal Case No.60/2004.

Learned counsel for the accused/revisionist submits that he has been arrested in execution of non-bailable warrant on 6.12.2023. He has not committed any offence. He was on bail during pendency of revision, but due to

Covid-19 Pandemic as no date was fixed, he could not appear before the Revisional Court nor he could inform his counsel, when the revision was come up for hearing, that is why non-bailable warrant was ordered to be issued against him. It is next contended that accused/revisionist is in jail in execution of non-bailable warrant. If he is not released on bail, he will not survive in jail. He remained on bail during trial and during appeal but never misused its liberty. He will appear on the date case is listed in the Court and he is ready to get it decided finally. In case, he is released on bail, he will cooperate in disposal of

the revision. Learned counsel prays for suspension of sentence and grant of bail.

Learned Public Prosecutor has opposed the application by submitting that accused has been absent in the Court. Thus, he was ordered to be arrested through Non-bailable Warrant Due to his non-appearance, non-bailable warrant was issued against him. He is in jail in execution of non-bailable warrant.

Considering the entire facts and circumstances of the case and rival submissions of parties and other conditions in which he is in jail, without commenting any opinion on the merits of the case, I.A. No.22631/2023 is allowed.

It is directed that accused/revisionist shall be released on bail on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two sureties of the like amount to the satisfaction of the CJM concerned with filing an undertaking that he will not misuse the liberty and will cooperate in disposal of revision and he will not indulge in any criminal case during the pendency of revision. Fine amount imposed by the Trial Court shall be deposited before his release if it is not already deposited.

With above terms, I.A. No.22631/2023 stands disposed of. Certified copy as per rules.

(RAJENDRA KUMAR-IV) JUDGE

Rohit