Naresh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7536 MP

                                   1                                 CRR-2933-2021
        The High Court Of Madhya Pradesh
                 CRR No. 2933 of 2021
                (NARESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 17-11-2021
       Shri M.M. Tripathi, learned counsel for the petitioners.

       Shri Pramod Pachauri, learned Public Prosecutor for respondent/State.

Heard on I.A.No. 31773/2021, first application under Section 397 (1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated

09/11/2021 passed by Second Additional Sessions Judge, Dabra, District Gwalior in Criminal Appeal No. 04/2017 affirming the judgment of conviction and sentence dated 09/12/2016 passed by Judicial Magistrate First Class, Bhitarwar, District Gwalior in RCT No. 200195/2010, by which the petitioners have been convicted under Sections 325/149, 341 and 148 of IPC and has been sentenced to undergo rigorous imprisonment of six months with fine of Rs.200/-, fine of Rs.200/- and fine of Rs.500/- respectively with default stipulation.

It is submitted by learned counsel for the petitioners Naresh, Rakesh,

Shivdayal, Dindayal, Mukesh and Murarilal that the petitioners have been wrongly convicted by the appellate Court as well as by the trial Court. Petitioners are in custody and there is no possibility of final hearing of this revision in near future. 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 merits of the case, the application (I.A. No. 31773/2021) is allowed and the remaining jail sentence of the petitioners is hereby suspended. It is hereby 2 CRR-2933-2021 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 of Rs. 50,000/- (Rupees Fifty 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 10/1/2022 and on subsequent dates given by the Office in this regard, till

final disposal of this revision.

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

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

ALOK KUMAR                                             (RAJEEV KUMAR SHRIVASTAVA)
2021.11.17
13:29:35 +05'30'                                                  JUDGE
11.0.8
             AKS