Madhya Pradesh High Court
Sunil Jain vs The State Of Madhya Pradesh on 29 April, 2013
Cr.R. No. 514/2013 29.04.2013
Shri Sharad Verma, counsel for the applicant. Shri Pushpraj Singh, Panel Lawyer for the State. Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Record of the Courts below has already been requisitioned. Also heard on IA No. 6633/2013, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Sections 34(2) of Excise Act and sentenced to undergo RI for 3 years and fine of Rs. 25,000/-, with default stipulation.
Learned counsel for the applicant submits that the applicant is in jail. He has been falsely implicated. He further submits that during trial and after dismissal of the appeal, in all, the applicant has already suffered the jail sentence of about 120 days. Revision would take considerable time for its conclusion, therefore, he prays for suspension of jail sentence and grant of bail.
Learned counsel for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case and the nature of sentence awarded to the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty five Thousand) with one solvent surety in the like amount to the satisfaction of the JMFC, Damoh, for his appearance before the Registry of this Court on 20/07/2013 and on such other subsequent dates as may be given in this behalf.
List for final hearing in due course. C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 613/2012 4.4.2012 Shri Amit Dubey, counsel for the applicant. Shri S.S. Chadar, PL for the State.
Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Also heard on IA No. 6903/2012, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Sections 337, 338 of IPC and sentenced to undergo SI for 1 month and fine of Rs. 500/- and SI for 1 months and fine of Rs. 1,000/- with default stipulations.
Learned counsel for the applicant submits that the applicant is in jail since 28.3.2012. He has been falsely implicated. He further submitted that the revision would take considerable time for its conclusion, therefore, he prays for suspension of jail sentence and grant of bail.
Learned counsel for the State has opposed the prayer for bail.
Considering the nature of sentence awarded to the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of the JMFC, Seonimalwa, for his appearance before the Registry of this Court on 21/06/2012 and on such other subsequent dates as may be given in this behalf.
List for final hearing in due course. C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 618/2012 4.4.2012 Shri Lalit Pandey, counsel for the applicant. Shri S.S. Chadar, PL for the State.
Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Call for the record.
Also heard on IA No. 6919/2012, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Section 354 of IPC and sentenced to undergo RI for 6 months and fine of Rs. 500/- .
Learned counsel for the applicant submits that the applicant has already suffered the jail sentence for about 55 days. He further submitted that the revision would take considerable time for its conclusion, therefore, he prays for suspension of jail sentence and grant of bail.
Learned counsel for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case alongwith gravity of offence and the period of jail sentence already suffered by the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of the JMFC, Waraseoni, for his appearance before the Registry of this Court on 22/06/2012 and on such other subsequent dates as may be given in this behalf.
List for final hearing in due course. C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 619/2012 4.4.2012 Shri Anoop Saxena, counsel for the applicant. Shri S.S. Chadar, PL for the State.
Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Call for the record.
Also heard on IA No. 6924/2012, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Sections 25(1)(B) (A) of the Indian Arms Act and sentenced to undergo RI for 1 year and fine of Rs. 200/- with default stipulation.
Learned counsel for the applicant submits that the applicant is in jail since 17.3.2012. It is further submitted that the applicant has already suffered the jail sentence during trial from 12.9.2005 to 28.10.2005. He further submitted that the revision would take considerable time for its conclusion, therefore, he prays for suspension of jail sentence and grant of bail.
Learned counsel for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case alongwith the period of jail sentence already suffered by the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of the JMFC, Nowgaon, for his appearance before the Registry of this Court on 25/06/2012 and on such other subsequent dates as may be given in this behalf.
List for final hearing in due course. C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 403/2012 2.4.2012 Shri Narendra Nikahare, counsel for the applicant. Smt. Nirmala Nayak, GA for the State. Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Also heard on IA No. 4528/2012, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Sections 325, 451 of IPC and sentenced to undergo RI for 1 year and fine of Rs. 1,000/- and RI for 6 months and fine of Rs. 1,000/- .
Learned counsel for the applicant submits that the applicant is in jail since 2.2.2012 It is further submitted that the applicant remained in custody for about 2 months. He further submitted that the trial would take considerable time for its conclusion, therefore, he prays for suspension of jail sentence and grant of bail.
Learned counsel for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case alongwith the period of jail sentence already suffered by the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of the JMFC, Shahdol, for his appearance before the Registry of this Court on 15/05/2012 and on such other subsequent dates as may be given in this behalf.
C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 380/2012 30.3.2012 Shri Neeraj Pathak, counsel for the applicant. Shri Satyapal Singh, PL for the State. Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Also heard on IA No. 4461/2012, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Sections 457 and380 of IPC and sentenced to undergo RI for 1 year and fine of Rs. 200/- and RI for 1 year and fine of Rs. 200/- with default stipulations.
Learned counsel for the applicant submits that the applicant is in jail since 28.1.2012 It is further submitted that the applicant remained in custody for about 3½ months during trial. In all he remained in jail for about 6 months. He further submitted that the trial would take considerable time for its conclusion, therefore, he prays for suspension of jail sentence and grant of bail.
Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case alongwith the period of jail sentence already suffered by the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of the JMFC, Hatta, for his appearance before the Registry of this Court on 15/05/2012 and on such other subsequent dates as may be given in this behalf.
C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 356/2012 30.3.2012 Shri A. Mukhopadhyay, counsel for the applicant. Shri Satyapal Singh, PL for the State. Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Heard on I.A. No.3918/2010, an application for suspension of jail sentence and grant of bail.
Learned counsel for the applicant does not want to press the application. The same is dismissed as not pressed.
Also heard on IA No. 4518/2012, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Sections 304-A of IPC and sentenced to undergo RI for 6 months.
Learned counsel for the applicant submits that the applicant is in jail since 15/2/12. It is further submitted that the applicant remained in custody for 6 days during trial. He further submitted that the trial would take considerable time for its conclusion, therefore, he prays for suspension of jail sentence and grant of bail.
Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case alongwith the period of jail sentence already suffered by the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Magistrate, for his appearance before the Registry of this Court on 10/05/2012 and on such other subsequent dates as may be given in this behalf.
C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 311/2012 12.3.2012 Shri Sanjay Agrawal, counsel for the applicant. Shri Akshay Namdeo, PL for the State. Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Heard on I.A. No.3407/2012, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Sections 279 and 338 of IPC and sentenced to undergo RI for 3 months and fine of Rs. 500/- and RI for 6 months and fine of Rs. 500/-, with default stipulation.
Learned counsel for the applicant submitted that the applicant has already suffered the jail sentence of more than one month. The fine amount has already been deposited. He further submitted that the Revision would take considerable time to dispose of finally, therefore, he prays for suspension of jail sentence and grant of bail.
Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case alongwith the period of jail sentence already suffered by the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of Chief Judicial Magistrate, Balaghat, for his appearance before the Registry of this Court on 25/04/2012 and on such other subsequent dates as may be given in this behalf.
C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 1556/2011 12.9.2011 Shri Deepak Tiwari, counsel for the applicant. Shri Amit Pandey, PL for the State.
Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Record of the Courts below be called for. Heard on I.A. No.17702/2011, an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Section 325 of IPC and sentenced to undergo RI for 1 year and fine of Rs. 500/-, with default stipulation.
Learned counsel for the applicant submitted that the applicant is in jail since 30/8/2011. He further submitted that the petition would take considerable time to dispose of finally, therefore, he prays for suspension of jail sentence and grant of bail.
Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of JMFC, Pandurna, for his appearance before this Court on 16/11/2011 and on such other subsequent dates as may be given in this behalf.
C.C. as per rules.
(G.S. Solanki) JUDGE ravi Cr.R. No. 1534/2011 12.9.2011 Shri S.P. Mishra, counsel for the applicant. Shri Amit Pandey, PL for the State.
Heard on question of admission.
Petition seems to be arguable, hence admitted for final hearing.
Learned counsel for the State takes notice of this admission.
Record of the Courts below be called for. Heard on I.A. No.17686/2011, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail.
The appellant has been convicted under Section 326 of IPC and sentenced to undergo RI for 1 year and fine of Rs. 2,500/-, with default stipulation.
Learned counsel for the applicant submitted that the applicant is in jail since 25/8/2011. He further submitted that the petition would take considerable time to dispose of finally, therefore, he prays for suspension of jail sentence and grant of bail.
Learned Panel Lawyer has opposed the prayer for bail. On due consideration of the contention raised on behalf of the applicant, the application is allowed.
It is directed that the jail sentence of the applicant shall remain suspended and he be released on bail subject to condition that he shall deposit the fine amount, if any, and furnishes a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of CJM, Satna, for his appearance before this Court on 15/9/2011 and on such other subsequent dates as may be given in this behalf.
C.C. as per rules.
(G.S. Solanki) JUDGE ravi