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Chutua @ Rajesh vs The State Of Madhya Pradesh on 15 March, 2019

1 CRR-994-2019
The High Court Of Madhya Pradesh
CRR-994-2019
(CHUTUA @ RAJESH Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 15-03-2019
Shri Rahul Gupta, learned counsel for the applicant.
Shri R.K. Pandey, learned Panel Lawyer for the respondent/State.

Heard on the point of admission.

Record of the Courts below has been received.
Applicant has filed this Revision being aggrieved by the conviction and

sentence passed in judgment dated 8.2.2018 in R.C.T No. 1400139/2013 by
J.M.F.C, Katni whereby convicted the applicant under Section 354 I.P.C and
sentenced him to undergo one year rigorous imprisonment and fine of
Rs.500/- with default stipulation. The applicant filed appeal against that
conviction and sentence registered as Appeal No. 47/2018 which was
dismissed by judgment dated 22.1.2019.

Counsel for the applicant submits that other eye-witness (PW 3) who
was present on the spot at the time of incident turned hostile and not
supported the case of the prosecution.

Perused the statement of witness recorded during trial in Trial Court.
Prosecutrix (PW 1) stated that applicant came near to her and touch
her chest and fled away. At that time she was holding the hand of one child
and another child was in her lap.

Considering the statement of prosecutrix and other witness this revision
is having arguable point, hence admitted for hearing.

Also heard on I.A. No. 3403/2019, an application for suspension of
sentence.

The applicant during trial was on bail and after the judgment passed by
Appellate Court he is in jail since 22.1.2019.

Considering the above facts and circumstances of the case, without
commenting on the merits of the case, the aforesaid I.A. is allowed. It is

Digitally signed by VIVEK KUMAR
TRIPATHI
Date: 18/03/2019 10:50:37
2 CRR-994-2019
directed that on depositing the remaining fine amount, if not already
deposited, and furnishing a personal bond in the sum of Rs.40,000/- (Rupees
Forty Thousand Only) with one solvent surety in the like amount to the
satisfaction of the trial Court, for his appearance before the trial Court on
16.04.2019 and all other subsequent dates, as may be fixed by the trial Court
in this regard, the remaining part of the substantive jail sentence imposed

upon the applicant shall stand suspended and he shall be released on bail.

It is further directed that if the applicant is found indulged in any
criminal activity during suspension of his jail sentence, the bail granted in this
case shall stand cancelled.

Certified copy as per rules

(VISHNU PRATAP SINGH CHAUHAN)
JUDGE

vivek

Digitally signed by VIVEK KUMAR
TRIPATHI
Date: 18/03/2019 10:50:37

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