Full Judgment
Cr.R.No.1425/12 30.7.2012 Shri B.J.Chourasiya, Adv.for applicant.
Shri Pushpendra Singh,P.L.for respondent /State.
With the consent of learned counsel of the parties heard finally.
Applicant Babloo alias Suresh has been convicted u/s34(2) of M.P.Excise Act and sentenced to R.I.for 3 years with fine of Rs.25,000/-, in default of fine further R.I.for six months vide judgment and finding dated 16.7.2012 in Criminal Case no.4492/06 by CJ.M.Damoh; in Cri.
appeal No.99/12 vide judgment dated 18.7.12 of Fourth Addl.
Sessions Judge Damoh has dismissed the application for bail in the appeal hence this revision petition for grant of bail.
Learned counsel for the applicant submitted that applicant filed criminal appeal before Sessions Judge Damoh who vide order dated 18.7.2012 rejected the application for suspension of sentence, however, the appeal is still pending.
Applicant is already in jail since 16.7.2012.
In the aforesaid circumstances this revision is is allowed.
It is directed that jail sentence alone imposed on applicant Babloo @ Suresh shall remain suspended if he pays the fine and furnishes personal bond to the tune of Rs.25,000/- (Rs.Twenty five thousand only) with a surety bond in the like amount to the satisfaction of the trial Court for his appearance before appellate on 13.8.2012 and continue thereafter as may be directed by that court, he be released on bail and the substantive jail sentence shall remain suspended during pendency of appeal.
As the criminal revision has been finally disposed of I.A.No.15753/12 stands disposed of as infructuous.
Certified copy as per rules.
(M.A.SIDDIQUI) JUDGE Ag/