Madhya Pradesh High Court
Aaram Singh vs The State Of Madhya Pradesh on 8 September, 2017
CRR-2301-2017
(AARAM SINGH Vs THE STATE OF MADHYA PRADESH)
08-09-2017
Shri Imtiyaz Hussain, learned counsel for the applicant.
Shri A.K. Sharma, learned Government Advocate for
respondent/State.
Heard on I.A. No.16938/2017, which is an application under Section 397(1) read with Section 401 of the Cr.P.C. for suspension of the custodial sentence passed against the applicant.
The applicant has preferred this application against the judgment dated 23.08.2017 passed by the Additional Sessions Judge, Link Court, Berasia, Bhopal in Sessions Case No.676/2014, whereby the applicant has been convicted for offence punishable under Section 354 of IPC and sentenced to undergo R.I. for 6 months with payment of fine of Rs.500/- with default stipulations.
Learned counsel for the applicant submitted that the trial Court as well as the appellate Court without appreciating the evidence wrongly convicted the applicant for the aforesaid offence. Learned counsel for the applicant further submitted that he was on bail during trial and the hearing of this revision will take long time. Hence, prayed for suspension of sentence and release of the applicant on bail. On the other hand learned counsel for the respondent/State opposed the prayer.
After hearing learned counsel for the applicant and considering the facts and circumstances of the case, the application is allowed.
It is, therefore, directed that if applicant deposits the entire fine amount and furnishes a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with a solvent surety in the like amount, to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 21/12/2017 and on such subsequent dates as may be fixed in this regard, the sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. Office is directed to call for the record. Matter be listed for admission after four weeks along with the record.
C.C. as per rules.
(RAJEEV KUMAR DUBEY) JUDGE mn