Brijesh Kushwaha vs State Of Madhya Pradesh

Heard on admission.

This revision is admitted for final hearing.

Also heard on I.A.No.2091/2020 filed by the applicant / accused for suspension of his  jail sentence awarded  IV Additional Sessions  Judge, Singrauli in criminal appeal no.104/2018 vide its judgment dated 27.01.2020 convicting the applicant under section 354 of the IPC and sentencing him to undergo RI for 2 years along with fine of Rs.1000/- with default stipulation as mentioned in the impugned judgment.

Learned counsel for the applicant / accused submits that during trial and appeal, the applicant / accused was on bail and he did not misuse the liberty so far. Further, the applicant is  in jail since 27.01.2020. On these grounds, learned counsel has prayed for suspension of execution of jail sentence and grant of bail.

Learned PL has opposed the application and prayed for its rejection.

Considering all facts  and  circumstances  of  the  case  and  further considering the period of sentence, IA is allowed. It is directed that subject to payment of fine amount, if not already deposited, the execution of jail sentence  of  the  applicant  /  accused Brijesh  Kushwaha  shall  remain suspended during the pendency of this revision and he be released on bail on his  furnishing a personal bond for asum of Rs.40,000/-( Rs. Forty Thousand only) with one solvent suretyin the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 28.08.2020 and thereafter on all other such subsequent dates as may be fixed by the Court in this regard during the pendency of the revision.

In case, applicant is found absent on any date fixed by the trial Court then the trial Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List it for final hearing in due course as per the listing policy.

C.C. as per rules.