Sunil vs The State Of Madhya Pradesh on 12 June, 2017

Madhya Pradesh High Court

Sunil vs The State Of Madhya Pradesh on 12 June, 2017
CRR-1379-2017
(SUNIL Vs THE STATE OF MADHYA PRADESH)

12-06-2017
Shri Bhanu Pratap Yadav, learned counsel for the petitioner.
Shri D.K. Paroha, learned Panel Lawyer for the respondents/State.

This Criminal Revision is listed for admission and for consideration of pending application
including I.A. No.11209/2017 filed for urgent hearing during summer vacation.

By judgement dated 20.10.2014 in Criminal Case No.875/2013, the petitioner Sunil was convicted
and sentenced by JMFC, Multai under Sections 304-A, 201 (Part-3) of the IPC and under Section
146/196 of the Motor Vehicles Act but was only sentenced under Section 201 (Part-3) of the IPC to
undergo R.I. for six months with fine of Rs.500/-and under Section 146/196 of the Motor Vehicle
Act by the JMFC, Multai, fine of Rs.1000/-. His above mentioned conviction and sentence under
Section 201 Part-3 of the IPC has been maintained by the Appellate Court but his criminal appeal
was partially allowed and he was acquitted from the charge of Section 146/196 of the Motor Vehicle
Act by the Appellate Court. Vide judgment dated 19.05.2017 in criminal appeal no.30/2015.

Learned counsel appearing for the parties heard on point of admission.

Criminal Revision is admitted for final hearing. The record of the Courts below be requisitioned. No
fresh notice to the respondent/State is required as panel lawyer has already appeared for it.

Learned counsel appearing for the parties also heard on I.A. No.11208/2017 filed under Section
397(1) of the Cr.P.C. for suspension of the petitioner's above mentioned jail sentence awarded by the
Appellate Court to the petitioner.

It has been submitted by the appearing counsel for the petitioner that the petitioner was released on
bail during his trial before the trial Court and during pendency of his criminal appeal and he has
been sent to jail on 19.05.2017 by the above mentioned Appellate Court to serve out the above
mentioned jail sentence and fine amount has already been deposited. Hence it is prayed that the
above mentioned jail sentence be suspended.

On the other hand, learned panel lawyer has opposed the said prayer. Looking to the facts and
circumstance of the case, the petitioner has been sentenced for a period of six months R.I. by the
Appellate Court, there is no possibility of early hearing of his criminal revision I.A. No.11208/2017 is
allowed and it is ordered that on furnishing a personal bond of Rs.25,000/- (Twenty Five Thousand
only) with a surety of the like amount to the satisfaction of the trial Court by the petitioner Sunil, his
jail sentence shall remain suspended till disposal of this revision and he be released on bail. He is
further directed to remain present before the Registry of this Court, firstly on 26.07.2017 and on
such subsequent dates as may be fixed by the Registry for the same purpose.

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 Sunil vs The State Of Madhya Pradesh on 12 June, 2017

Let the revision be listed for final hearing in due course. Certified copy as per rules.

(ASHOK KUMAR JOSHI) V. JUDGE Tabish

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