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Judgment
Heard on I.A. No.3050/2020, which is second application under Section 389(1) of Code of Criminal Procedure for suspension of the custodial
sentence passed against the applicant- Monu Sarathe.
This revision has been filed against the judgment dated 27/10/2017 passed by 2nd Additional Session Judge Itarsi, District- Hoshangabad, (M.P.) in
Criminal Appeal No. 240/2015 whereby learned ASJ affirmed the judgement of conviction dated 27/07/2015 passed by learned Judicial Magistrate
First Class, Itarsi, District-Hoshangabad in Criminal Case No.1501/2011 whereby learned JMFC found applicant guilty and convicted and sentenced
him to undergo 3 years R.I. with fine of Rs. 1,000 /- under Section 454 of IPC and 3 years R.I. with fine of Rs.1,000/- under Section 380 of IPC with
default stipulations.
Learned counsel for the applicant submitted that the trial Court as well as appellate Court without properly appreciating the evidence wrongly
convicted the applicant for the aforesaid offences. Earlier this Court granted bail to the applicant vide order dated 10.05.2018. It is further submitted
that police arrested the applicant in another crime so applicant could not appear before the Registry of this Court on the date fixed. Applicant is in
custody since 16.04.2019. Hence, prayed for suspension of sentence and release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and the fact that earlier this Court
granted bail to the applicant vide order dated 10.05.2018, the bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like
amount, to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 14/12/2020 and on such further dates as may be
fixed in this behalf by the Registry during the pendency of this revision.
This matter has already been admitted vide order dated 14.10.2019 so list the matter for final hearing in due course.
C.C. as per rules.
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