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Sunil vs tharoor

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  Madhya Pradesh High CourtSunil 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 applicationincluding 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 convictedand sentenced by JMFC, Multai under Sections 304-A, 201 (Part-3) of the IPC and under Section146/196 of the Motor Vehicles Act but was only sentenced under Section 201 (Part-3) of the IPC toundergo 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 underSection 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. Nofresh 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 Section397(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 abovementioned jail sentence and fine amount has already been deposited. Hence it is prayed that theabove mentioned jail sentence be suspended.On the other hand, learned panel lawyer has opposed the said prayer. Looking to the facts andcircumstance 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 isallowed and it is ordered that on furnishing a personal bond of Rs.25,000/- (Twenty Five Thousandonly) 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 isfurther directed to remain present before the Registry of this Court, firstly on 26.07.2017 and onsuch subsequent dates as may be fixed by the Registry for the same purpose. Sunil vs The State Of Madhya Pradesh on 12 June, 2017Indian Kanoon - http://indiankanoon.org/doc/100768389/1  Let the revision be listed for final hearing in due course. Certified copy as per rules.(ASHOK KUMAR JOSHI) V. JUDGE Tabish Sunil vs The State Of Madhya Pradesh on 12 June, 2017Indian Kanoon - http://indiankanoon.org/doc/100768389/2

RT8870A

Sep 10, 2019
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