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Judgment
Heard on I.A.No.2837/2020, which is first application U/s 397(2) of the Cr. P. C. for suspension of sentence pending the revision.
The present revision has been filed against judgment of conviction dated 20/04/2018 passed by learned Judicial Magistrate First Class, Jhabua in
Criminal Case No.2455/2016. The judgment of conviction has been affirmed by learned Special Judge, Jhabua in Criminal Appeal No.75/2018 on
24/01/2020.
The applicant has been convicted for offence punishable under Section 295(A) of the Indian Penal Code, 1860 and has been sentenced to under go 01
year rigorous imprisonment with fine of Rs.500/- failing which sentence of 01 months additional RI.
The allegation against the applicant is that on 15/10/2016 at about 03:30 PM the applicant broke an idol of Ganeshji and in those circumstances
investigation was carried out and he has been convicted against which an appeal was preferred and the appeal has also been dismissed.
Learned counsel for the applicant has argued before this Court that there are lots of contradictions and omissions and the learned Judge has failed to
take notice of the same and by no stretch of imagination the ingredients of Section 295(A) of the IPC are fulfilled. He has also argued that the
statement of Shri C. L. Chauhan (PW-5) has not been considered in its true perspective and in fact based upon the interested witnesses, the applicant
has been convicted. The applicant is in jail since 24/01/2020.
On the other hand, learned counsel for the State has vehemently opposed the application for suspension of sentence. He has stated that the ingredients
of Section 295(A) of the IPC are fulfilled and the applicant has rightly been convicted.
This Court, after hearing learned counsel for the parties, considering the period of sentence, nature of the case and the fact that this revision is not
likely to be heard and disposed of at an early date, is of the opinion that the present application for suspension of sentence deserves to be allowed and
is accordingly allowed.
It is directed that on deposit of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/-(Rupees 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 all other subsequent dates as may be fixed by the Registry, the applicant be released on bail and the substantive sentence under
revision shall remain suspended.
The application for suspension of sentence is being disposed of through video conferencing and keeping in view the present scenario on account of
pandemic COVIDâ€"19, in case, a certified copy is not made available (physical copy), the e-copy obtained through the High Court Website or even
the copy uploaded on the website of the High Court shall be treated as certified copy for all purposes.
With the aforesaid, IA. No. 2837/2020 stands disposed off.
The revision is admitted for final hearing, list the same in due course.
Certified copy as per rules.