CRR No.216/2011
08/03/2017
Shri Sushil Goswami, learned counsel for the applicant.
Shri R.D. Agrawal, learned Panel Lawyer for the
respondent/State.
Heard on I.A. No.1979/2017, an application u/S 397
(1) of Cr.P.C. filed on behalf of the applicant- Ajeem Khan
for suspension of jail sentence.
The applicant-Ajeem Khan has been convicted by the
judgment dated 25.08.2015 passed by JMFC, Vidisha in
Criminal Case No. 249/2013 under Section 354 IPC and
sentenced to undergo one year R.I. with fine of Rs. 1,000/-
which was affirmed by the Fifth Additional Sessions Judge,
Vidisha in Criminal Appeal No. 196/2015 by judgment
dated 21.02.2017.
It is submitted by learned counsel for the applicant
that learned trial Court has erred in convicting the
applicant. The learned trial Court has not properly
appreciated the evidence and material available on record
in its proper perspective. He was on bail during trial and he
has not misused the liberty. The disposal of criminal
revision will take time, hence, prayed for suspension of
execution of jail sentence.
Prayer is opposed by the learned Panel Lawyer for the
respondent/State.
Considering the submissions and the material
available on record and the fact that the applicant was on
bail and he has not misused the liberty and disposal of this
criminal revision will take some time, the application is
allowed. It is directed that on depositing the fine amount, if
already has not been deposited, the jail sentence of the
CRR No.216/2011
applicant shall remain suspended and he be released on
bail on his furnishing a personal bond in the sum of
Rs.50,000/-(Rs. Fifty Thousand only) with one solvent
surety in the like amount to the satisfaction of the Trial
Court. The applicant is directed to appear before the
concerned trial Court on 15.05.2017 and on all other
dates as may be fixed by that Court in this regard.
Accordingly, the I.A. stands disposed of.
C.c.as per rules.
(S.K. Awasthi)
Judge
rahul