Mukesh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 7466 MP

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           The High Court Of Madhya Pradesh
                   CRR No. 2685 of 2021
          (MUKESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-16/11/2021
      Shri Ajay Dwivedi, learned counsel for the petitioners.

      Shri    R.K.    Awasthi,    learned   Public     Prosecutor    for   the

respondent/State.

I.A.No.30560/2021, an application for urgent hearing is taken up,

considered and allowed for the reasons mentioned therein.

Heard on I.A.No.30562/2021, an application under Section

397(1) of Cr.P.C. for suspension of jail sentence moved on behalf of

the petitioners for suspension of sentence and grant of bail.

This criminal revision has been filed against the judgment dated

07/10/2021 passed by Second Additional Sessions Judge, Dabra,

District Gwalior (M.P.) in Criminal Appeal No.17/2020 by which

petitioners have been convicted and sentenced as under:

Name of Accused Section             Sentence                Fine
Mukesh               325 of IPC     six months of RI        Rs.1000/-
Bahadur              325/34 of IPC Three months of RI       Rs.1000/-

It is submitted by learned counsel for the petitioners that this is

first application for suspension of sentence on behalf of the

petitioners. It is further submitted that the petitioners have been

wrongly convicted by the trial Court. There are lots of contradictions

and omissions in the evidence of the prosecution witnesses.

Petitioners are on bail and they have not misused the liberty granted to

them and the fine amount have already been deposited. Learned

The High Court Of Madhya Pradesh CRR No. 2685 of 2021 (MUKESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

counsel for the petitioners further submits that the petitioners are in

custody since 07/10/2021 and hearing of this revision shall take

considerably long time. Under these circumstances, he prayed to

suspend the jail sentence of the petitioners and grant bail.

On the other hand, learned State counsel opposed the prayer and

prayed for dismissal of the application for suspension of sentence.

Heard learned counsel for the parties at length and perused the

materials available on record.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the petitioners.

Consequently, I.A.No.30562/2021 is hereby allowed.

If the petitioners furnish bail bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) each with one surety each of

the like amount to the satisfaction of the trial Court, the remaining jail

sentence of the petitioners shall remain suspended and they be

released on bail. The petitioners are further directed to mark their

appearance before the Registry of this Court on 24.01.2022 and on

subsequent dates given by the office in this regard, till final disposal

of this revision.

The petitioners are further directed to inform the SHO of

The High Court Of Madhya Pradesh CRR No. 2685 of 2021 (MUKESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

concerned police station about their residential address in the said area

and it would be the duty of the Public Prosecutor to send E-copy of

this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for

compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.11.17 10:28:50 +05'30'