Sharda Prasad Vishwakarma vs The State Of Madhya Pradesh
2021 Latest Caselaw 1705 MP

                                                        1                              CRR-744-2021
                              The High Court Of Madhya Pradesh
                                         CRR-744-2021
                           (SHARDA PRASAD VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      2
                      Jabalpur, Dated : 30-04-2021
                             Heard through Video Conferencing.

                             Shri R. S. Patel, learned counsel for the applicants.
                             Smt. Gulab Kali Patel, learned Govt. Advocate for the
                      respondent/State.

Heard on I.A. No.3880/2021 for suspension of sentence and grant of

bail to the applicants.

Applicants have filed this criminal revision challenging the judgment dated 2.3.2021 passed in Criminal Appeal No. 100443/2015 by IInd Additional Sessions Judge, Amarpatan, District Satna. Applicants have been convicted by the trial Court under Section 325/34 of the IPC, and have been sentenced to undergo RI for one year with fine of Rs.1000/- each with default stipulation. Said sentence has been affirmed by the appellate Court.

Counsel for the applicants submitted that no independent witnesses have supported the prosecution story and that there is contradiction in the statements of the witnesses under section 161 CrPC. It is further submitted by him that looking to the sentence of R.I for one year imposed by the trial court, application of applicants for suspension of sentence may be considered and their sentence may be suspended.

Counsel appearing for the State Government opposed the application for suspension of sentence.

Considering the length of sentence and the facts of the case, the application is allowed and remaining jail sentence of the applicants is hereby suspended.

Signature SAN Not It is directed that subject to deposit of fine amount, if not already Verified

Digitally signed by MONSI M SIMON Date: 2021.04.30 15:43:54 IST 2 CRR-744-2021 deposited, and on furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) each with one solvent security each in the like amount to the satisfaction of the trial Court, applicants Sharda Prasad Vishwakarma and Diwakar Vishwakarma be released on bail.

It is further directed that applicants shall appear before the Registry of

this Court on 09.08.2021 and on other dates as may be fixed by the office in this regard till final disposal of this revision.

List the matter after the ensuing summer vacation for admission.

C.C. as per rules.

                                                                               (VISHAL DHAGAT)
                                                                                    JUDGE


                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.04.30
15:43:54 IST