Madhya Pradesh High Court
Annu vs The State Of Madhya Pradesh on 18 June, 2018
1
THE HIGH COURT OF MADHYA PRADESH
CRR No.2642/2018
(Annu vs. State of M.P.)
Gwalior, Dated : 18.06.2018
Shri R.K. Upadhyay, Counsel for the applicant.
Shri B.P.S. Chauhan, Public Prosecutor for the
respondent/State.
The record of the courts below have been received in Criminal Revision No.2117/2018.
The revision being arguable is admitted for final hearing.
Also heard on I.A. No.4605/2018 filed under Section 397 (1) of Cr.P.C. for suspension of custodial sentence awarded by the Lower Appellate Court.
Applicant was convicted under Section 452 & 323/149 (six counts) of IPC and sentenced to undergo 9 months RI & 4 months RI (on each count) with fine of Rs. 100/- & Rs.100 (on each count) respectively with default stipulations vide judgment dated 19.12.2016 passed by JMFC, Vidisha and the Lower Appellate Court has maintained the conviction and sentence of applicant as awarded by the trial Court.
Appearing counsel for the applicant contends that applicant was released on bail during pendency of the case before trial Court and previously his custodial sentence was already suspended by the lower Appellate Court and there is no possibility of early hearing of this criminal revision before this Court and fine amount has already been deposited before the trial Court, hence it is prayed that custodial sentence of applicant be suspended during the pendency of this criminal revision, which is strongly 2 THE HIGH COURT OF MADHYA PRADESH CRR No.2642/2018 (Annu vs. State of M.P.) opposed by the learned Public Prosecutor appearing on behalf of respondent/State.
Considering the rival contentions of the parties, without commenting on the merits of the case, as there is no possibility of early hearing of this criminal revision before this Court, I.A. No.4605/2018 is allowed and it is ordered that on furnishing a personal bond in the sum of Rs. 25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before the Principal Registrar of this Court firstly on 22.10.2018 and on such subsequent dates as may be fixed by the Registry for the same purpose in future, the applicant's jail sentence be suspended and he be released on bail.
Office is directed to list this admitted criminal revision for final hearing in due course.
Certified copy as per rules.
(G.S. Ahluwalia)
(alok) Judge
Digitally signed by ALOK KUMAR
Date: 2018.06.18 16:58:42 +05'30'