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Judgments of Supreme Court of India and High Courts

Tufan vs The State Of Madhya Pradesh on 1 April, 2019

1 CRR-1012-2019
The High Court Of Madhya Pradesh
CRR-1012-2019
(TUFAN Vs THE STATE OF MADHYA PRADESH)

3
Indore, Dated : 01-04-2019
Shri Anupam Chauhan, learned Counsel for the applicant.
Shri Vinay Gandhi, learned Public Prosecutor for the respondent/State.

Heard on admission.

The revision is admitted for final hearing.
Also heard on IA No. 1532/19, an application for suspension of

sentence.

The applicant has been convicted under Section 354 IPC and
sentenced for one year R.I. under and fine of Rs.4,000/- default stipulation,
vide judgment dt. 21.01.2019 passed by First Addnl Sessions Judge Barwani
in Cr.Appeal No.43/2018.

The disposal of the revision will take time, hence, prayed for
suspension of execution of jail sentence. In the hardened company in Jail
applicant may have to suffer mental agony and stress. Applicant is a poor
labourer and is the sole bread earner of the family and has no criminal

antecedents.

Per contra, Shri Gandhi, opposes the application, but looking to the
nature of the allegations and the sentence coupled with the facts and
circumstances of the case, he is entitled to be released on bail.

Taking into consideration that the applicant is in jail from the date of
judgment and has no criminal antecedents and that the disposal of revision
will take time, subject to depositing the fine amount, the application is
allowed. It is directed that the jail sentence of the 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) with one solvent surety in the like
amount to the satisfaction of the Trial Court. The applicant is directed to
appear before the Registry of this Court on 19.06.2019 and on other dates
2 CRR-1012-2019
as may be fixed in this behalf.

Accordingly, the IA stands disposed of.
CC as per rules.

(ROHIT ARYA)
JUDGE

sh
Digitally signed by
SEHAR HASEEN
Date: 2019.04.02
11:47:33 +05’30’

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