High CourtsSingle Bench

Pramod Yadav vs State Of M.P

Madhya Pradesh High Court · Decided on 3 March 2020 · Citation: (2020) 03 MP CK 0234

HON’BLE JUDGES
Sheel Nagu, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 397(1)
RESULT
Allowed
CASE NUMBER
Criminal Revision 828 Of 2020
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Judgment

6 paragraphs · 308 words

I.A. No.1622/2020, an application for suspension of jail sentence and grant of bail moved on behalf of the applicant u/S.397 (1) of Cr.P.C. is taken up and considered.

The applicant assails the judgment dated 07.02.2020 passed in Cr.A. No. 156/2016 by Second Additional Sessions Judge,Gohad, district Bhind, whereby the judgment dated 08.03.2016 passed by Judicial Magistrate First Class, Gohad, district Bhind in Criminal Case No.279/2012 has been affirmed in which the applicant has convicted for the offence punishable under 4 of the Madhya Pradesh Recognized Examination Act and sentenced to undergo 1 year's R.I. with fine of Rs. 500/- with default stipulation.

In view of the reasons mentioned in the application and that the applicant was on bail during trial and appeal which liberty was not misused by him coupled with the fact that there is no possibility of the revision coming up for final hearing in near future, without expressing any opinion on the merits, awaiting admission of the revision, this court is inclined to extend the benefit of suspension of sentence to the applicant.

Accordingly, I.A. No.1622/2020 is allowed. It is directed that the jail sentence of applicant will remain under suspension, subject to depositing fine amount and furnishing a bail bond of Rs. 50,000/-(Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of concerned C.J.M for his appearance before the CJM, concerned on 16.06.2020 and all other subsequent dates as may be fixed by him which shall be of frequency not less than once a year.

In case, the applicant is found absent on any date fixed by the concerned CJM, then the CJM 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.

C.c. as per rules.