Sunil Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6984 MP

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          THE HIGH COURT OF MADHYA PRADESH
                Criminal Revision No.2380/2021
            (Sunil Singh and others Vs. State of M.P.)

Gwalior, dated : 28.10.2021

      Shri Pradeep Katare, learned counsel for the applicants.

      Shri Shiraz Qureshi, learned PP for the respondent/State.

The applicants No.9 and 10 namely Balveer and Sauprasad

have filed this criminal revision under Section 397/401 of Cr.P.C.

against the judgment dated 23.09.2021 passed by Additional Judge to

the Court of First Additional Sessions Judge, Gohad, District Bhind in

Criminal AppealNo.17/2019 affirming the judgment dated 27.03.2019

passed by the court of Judicial Magistrate, First Class, Gohad, District

Bhind in Criminal Case No.976/2014 convicting and sentencing the

applicants No.9 and 10 namely Balveer and Sauprasad respectively

under following sections:-

Applicant No.9 - Balveer

Section Sentence Fine In default stipulations 147 of IPC 3 months RI Rs.100/- 2 days RI 325/149 of 1 year RI Rs.400/- 8 days RI IPC 324/149 of 6 months RI Rs.200/- 4 days RI IPC 324/149 of 6 months RI Rs.200/- 4 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC 324/149 of 6 months RI Rs.200/- 4 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.2380/2021 (Sunil Singh and others Vs. State of M.P.)

Applicant No.10 -Sauprasad

Section Sentence Fine In default stipulations 147 of IPC 3 months RI Rs.100/- 2 days RI 325/149 of 1 year RI Rs.400/- 8 days RI IPC 324/149 of 6 months RI Rs.200/- 4 days RI IPC 324/149 of 6 months RI Rs.200/- 4 days RI IPC 324/149 of 6 months RI Rs.200/- 4 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC 323/149 of 3 months RI Rs.100/- 2 days RI IPC

Heard on I.A. No.30458/2021, this is first application under

Section 397(1) of Cr.P.C. for suspension of sentence filed in respect of

applicants namely Balveer and Sauprasad.

Learned counsel for the applicants submitted that trial court

erred in convicting the appellant and awarding jail sentence. They

suffered considerable period of custody. They have strong case on

merits. Hearing of this revision They learnt the lesson hard way and

would mend their ways and would not involve in any criminal activity

in future. Fine amount has already been deposited. Applicants would

not be a source of embarrassment or harassment to the complainant.

They would not move in the vicinity of complainant party. Therefore,

their suspension of sentence may be granted. They seek parity viz-a-

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.2380/2021 (Sunil Singh and others Vs. State of M.P.)

viz other accused.

Learned Public Prosecutor for the State opposed the prayer and

prayed for its dismissal.

Heard the learned counsel for the parties and record perused.

Considering the overall facts and circumstance of the case and

looking to the nature of allegations, without commenting on the merits

of the case as there is no possibility of early hearing of this criminal

revision before this Court, hence, I.A. No.30458/2021 is allowed

subject to deposit of fine amount. It is hereby directed that the

applicants shall be released on bail on their furnishing personal bond

of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent

surety of the like amount to the satisfaction of the concerned trial

Court, applicants' jail sentence shall remain suspended till disposal of

this revision. The applicants are further directed to remain present

before the Registry of this Court on 03.03.2022 and, thereafter, on

such subsequent dates as may be fixed by the Registry.

I.A. No.30458/2021 stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(Anand Pathak) Judge Rashid

RASHID KHAN 2021.10.29 11:02:47 +05'30'