Basant vs The State Of Madhya Pradesh
2021 Latest Caselaw 4915 MP

                                     1                                 CRR-1677-2021
        The High Court Of Madhya Pradesh
                   CRR-1677-2021
                  (BASANT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 01-09-2021
      Heard through Video Conferencing.
      Mr.Pradeep Batra, learned counsel for the applicants.
      Mr.R.N.Yadav, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The revision seems to be arguable. It is admitted for hearing.

Considered I.A.No.13298/2021, which is first application for suspension of sentence and grant of bail on behalf of applicants No.1 to 3, namely, Basant, Mangal Singh and Ms.Anaarkali.

By the impugned judgment dated 24.6.2021 passed by learned lower appellate Court in Criminal Appeal No.22/2017 the applicants have been convicted for offences under section 498(A) of the Indian Penal Code and section 4 of the Dowry Prohibition Act and sentenced to undergo sentence R.I. for 1 year & 6 months with fine of Rs.500/- & Rs.500/- respectively with stipulated defaults.

Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the crime in question. The learned lower appellate court has passed the impugned judgment without properly appreciating the oral and documentary evidence available on record. The applicants are in jail since the date of judgment. The applicants have already deposited the fine amount. The maximum sentence awarded is one year. The final disposal of this revision would take considerable time. Therefore, prayer has been made to suspend the substantive jail sentence of the applicants.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; maximum 2 CRR-1677-2021 sentence is 1 years; fine amount has already been deposited; and disposal of revision would take considerable time, without commenting on merits of the case, the interlocutory application is allowed.

I t is directed that on furnishing a personal bond in a sum of Rs.30,000/-(Rupees Thirty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned,

remaining jail sentence imposed upon applicants No1 to 3, Basant, Mangal Singh and Ms.Anaarkali, shall remain suspended during the pendency of this case and they shall be released on bail.

The applicants shall appear before the trial Court concerned on 07.12.2021 and on all such subsequent dates, as may be fixed in this regard during pendency of this revision.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.09.01 17:33:41 IST