Citation : 2024 Latest Caselaw 6695 MP
Judgement Date : 5 March, 2024
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 840 of 2024 (KALEEM ALIAS SONU Vs THE STATE OF MADHYA PRADESH)
Dated : 05-03-2024 Smt. Anchan Pandey - Advocate for the applicant.
Shri Sanjiv Singh Parihar - Panel Lawyer for the State.
Call for the trial Court's record.
Heard on admission.
This revision is admitted for final hearing.
Heard on I.A.No.4758/2024 which is an application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail to the applicant.
The applicant has been convicted under Sections 454 and 380 of the IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs.500/- on each count respectively, with default stipulations by the First Additional Sessions Judge, Waraseoni, District Balaghat, vide impugned judgment dated 07.02.2024 passed in Criminal Apepal No.214/2023 (Kaleem alias Sonu vs. State of MP).
Learned counsel for the applicant contends that against the conviction of 3 years, the applicant has already suffered incarceration of 1 year and one month and now from the date of impugned judgment passed by the appellate Court, dated 07-02-2024, the applicant is in custody. Learned counsel submits that the applicant is ready to abide by the conditions imposed by the Court, if bail is granted to him. He further submits that the final hearing of the revision will take a long time and if the applicant remains in jail, the purpose of filing this revision would be frustrated.
On the other hand, learned Government Advocate has opposed the prayer of bail.
Considering the arguments advanced by learned counsel for the parties and the short term jail sentence, I am inclined to consider and allow the application. Accordingly, I.A. No.4758/2024 is allowed.
It is directed that on applicant's depositing the entire fine amount, if not deposited, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the trial Court on
20/05/2024 and on such other dates as may be fixed by it in this regard.
List the case for final hearing in due course as per listing policy. Certified copy as per rules.
(MANINDER S. BHATTI) JUDGE
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