Pawan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8795 MP

                                                                       1                                CRR-3363-2021
                                            The High Court Of Madhya Pradesh
                                                     CRR No. 3363 of 2021
                                                    (PAWAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                    Jabalpur, Dated : 14-12-2021
                                          Shri Aseem Dixit, counsel for the applicants.

                                           Heard on the question of admission.
                                          Admit.
                                          Shri Abhishek Singh, Public Prosecutor, accepts notice on behalf of
                                    the respondent/State.

Records of the Courts below be requisitioned. Also heard on I.A. No.22113/2021 for suspension of sentence and grant of bail to the applicants.

This revision is directed against the appellate order dated 07.12.2021 passed by the Second Additional Sessions Judge, Gadarwara, District Narsinghpur in Criminal Appeal No.194/2014, whereby the judgment dated 11.12.2014 passed by JMFC, Gadarwara in Criminal Case No.486/2009 has been affirmed. Consequently, the applicants stand convicted under section 325/34 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/-.

The applicants have also been convicted under section 323/34 of IPC (on 2 counts) and sentenced to fine of Rs.1500/-, with default stipulations.

Learned counsel for the applicants submits that the applicants were on bail during trial and appeal and have not misused the liberty so granted. Disposal of revision is likely to take time and owing to COVID-19, outbreak, detention of applicants in already congested prisons may be detrimental.

The prayer is opposed by learned Public Prosecutor. Taking into consideration the facts and circumstances of the case, I.A. is allowed. It is, therefore, directed that if applicants namely Pawan and Ranjeet deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) each with a solvent surety in the like amount each to the satisfaction of trial Court for their appearance before the Registry of this Court on 14th March, 2022 Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.15 17:17:51 IST 2 CRR-3363-2021 and on such subsequent dates as may be fixed in this regard, the sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

List the case for final hearing in due course. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.15 17:17:51 IST