Madhya Pradesh High Court
Rajan @ Rajendra vs The State Of Madhya Pradesh on 26 October, 2018
THE HIGH COURT OF MADHYA PRADESH
Cr.R No. 5200/2018
(Rajan @ Rajendra Vs State of M.P.)
Gwalior Dated 26/10/2018
Shri Ravi Dwivedi, learned counsel for the applicant.
Shri Rajesh Pathak, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Revision seems to be arguable, hence admitted for final hearing.
Also heard on I.A. No.8228/2018, an application for suspension of sentence.
This Criminal Revision assails the judgment of conviction and order of sentenced dated 10.10.2018 passed by Vith Additional Sessions Judge, Morena in Criminal Appeal No. 18/2018 whereby, the applicant has been convicted under Section 420 of IPC and sentenced to undergo two years RI with fine of Rs.1000/- and in default stipulation.
Learned counsel for the applicant submits that the applicant was on bail during trial as well as at the appellate stage and they did not misuse the liberty of bail granted to them. The fine amount has already been deposited by the applicant. There are fair chances of success of this revision. Looking to the sentence of the applicant, if execution of jail sentence of the applicant is not suspended then this revision will turn infructuous because it cannot be decided within two years in future. Under these circumstances, applicant pray that execution of sentence be suspended and the applicant be released on bail.
On the other hand, learned counsel appearing on behalf of the State opposes the bail application.
Keeping in view the aforesaid submission of learned counsel THE HIGH COURT OF MADHYA PRADESH Cr.R No. 5200/2018 (Rajan @ Rajendra Vs State of M.P.) for the parties and the facts & circumstances of the case, I.A. No. 8228/2018 is allowed. It is directed that the jail sentence of the applicant will remain under suspension subject to the verification that the amount of fine has been deposited, on the appellant furnishing bail bond of Rs. 50,000/- with one solvent surety in the like amount to the satisfaction of CJM Morena, for his appearance before the concerned CJM on 30th November, 2018 and thereafter on all other subsequent dates as may be fixed by the C.J.M. In case, the applicant is found absent on any date fixed by the concerned C.J.M then the said C.J.M shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.
List the case for final hearing in due course Certified copy as per rules.
(S.A DHARMADHIKARI) JUDGE LJ* LOKENDRA JAIN 2018.10.27 11:33:18 +05'30'