Madhya Pradesh High Court
Rakesh vs The State Of Madhya Pradesh on 22 December, 2021
Author: Rajeev Kumar Shrivastava
1 CRR-3031-2021
The High Court Of Madhya Pradesh
CRR No. 3031 of 2021
(RAKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 22-12-2021
Shri Arun Katare, learned counsel for the petitioners.
Shri Atul Sharma, learned Panel Laywer for respondent/State.
Heard on I.A.No.32261/2021, first application under Section 397 (1)
of Cr.P.C. for suspension of sentence on behalf of the petitioners, namely,
Rakesh, Kallu @ Prem Singh, Girraj and Dharmveer respectively.
This criminal revision has been filed against the judgment dated
10/11/2021 passed by Third Additional Sessions Judge, Joura, District
Morena (M.P.) in Criminal Appeal No.31/2015 affirming the judgment of
conviction and sentence dated 27/1/2015 passed by Judicial Magistrate First
Class, Joura, District Morena in Case No.855/2012, by which the petitioners
have been convicted under Sections 325, 324 (on two counts) and 323 of
IPC and has been sentenced to undergo rigorous imprisonment of one year,
six months and three months with fine of Rs.1,000/-, Rs.500/- and Rs.250/-
respectively with default stipulation.
It is submitted by learned counsel for the petitioners, namely, Rakesh,
Kallu @ Prem Singh, Girraj and Dharmveer that the petitioners have
been wrongly convicted by the appellate Court as well as by the trial Court.
Petitioners are in custody since 10.11.2021 and there is no possibility of final
hearing of this revision in near future. Fine amount has already been deposited
by the petitioners. They are ready and willing to abide by any condition which
may be imposed by this Court. Hence, prays to suspend the jail sentence of
the petitioners looking to the short period of jail sentence.
Counsel for the State vehemently opposed the prayer and prayed to
reject the application for suspension of sentence.
Heard learned counsel for the parties through video conferencing and
perused the materials available on record.
Looking to the short period of jail sentence, without commenting on
2 CRR-3031-2021
merits of the case, the application (I.A.No.32261/2021) is allowed and the
remaining jail sentence of the petitioners is hereby suspended. It is hereby
directed that on depositing the fine amount, if not already deposited, the
petitioners shall be released on bail on each of them furnishing personal bond
o f Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent
surety of the like amount to the satisfaction of the concerned Court. The
petitioners are further directed to mark their appearance before the Office of
this Court on 14/2/2022 and on subsequent dates given by the Office in this
regard, till final disposal of this revision.
Let a copy of this order be sent to the Court below concerned for
compliance.
Certified copy as per rules .
(RAJEEV KUMAR SHRIVASTAVA)
JUDGE
pwn*
PAWAN KUMAR
2021.12.22
17:43:29 +05'30'
