Madhya Pradesh High Court
Sachin Sharma vs The State Of M.P. on 23 September, 2021
Author: Arun Kumar Sharma
1 CRR-1868-2021
The High Court Of Madhya Pradesh
CRR-1868-2021
(SACHIN SHARMA AND OTHERS Vs THE STATE OF M.P.)
4
Jabalpur, Dated : 23-09-2021
Heard through Video Conferencing.
Shri H.S. Dubey, Senior Advocate with Shri Abhinav Dubey,
Advocate for the applicants.
Shri Vinay Kumar Sharma, Panel Lawyer for the respondent/State.
Heard on the question of admission.
Revision is admitted for final hearing.
Further heard on I.A.No. 14730/2021, which is an application for
suspension of sentence and grant of bail to the applicants.
The revision has been preferred under Section 397/401 of the Cr.P.C.,
by the applicants against impugned judgment dated 07.08.2021 in
Cr.A.No.310/2019 passed by Additional Sessions Judge Budni, District
Sehore (M.P)., arising out of the judgment and findings dated 22.10.2019
passed by JMFC Budni, District Sehore in RCT No.405/2013 and convicted
the applicants for the offence punishable under Sections 325 and 341 of the
IPC and have been sentenced to undergo R.I. for three years with fine of
Rs.1,000/- with default stipulation.
Learned counsel for the applicants submits that the applicants have
already deposited the fine amount. They are in jail since 07.08.2021. They
were on bail during the trial. There are fair chances to succeed in the case.
Final hearing of this revision will take time. Therefore, the application filed on
behalf of the applicants may be allowed and period of their remaining jail
sentence may be suspended and they may be released on bail.
On the other hand, learned PL opposed the bail application and prayed
for rejection of the same.
Considering the contentions of learned counsel for the parties and
looking to the facts and circumstances of the case and revision will take time
2 CRR-1868-2021
for its final disposal, but without expressing any opinion on the merits of the
case, I am of the considered opinion that it would be appropriate to suspend
the custodial sentence awarded to the applicants and grant bail to them.
Consequently, I.A.No.14730/2021 is allowed subject to deposit of fine
amount, if not already deposited. The custodial sentence awarded to the
applicants shall remain suspended during the pendency of this revision.
Applicants be released from custody on their furnishing a personal bond in
the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one
solvent surety each in the like amount to the satisfaction of the Trial Court.
The applicants shall appear and mark their presence before Trial Court on
20.12.2021 and on subsequent dates as may fixed by the trial Court from time
to time till final disposal of the case.
A typed copy of this order be forwarded by the Registry to the Office
of the Advocate General and to the concerned learned PL, on their respective
email address for intimation to the Police Station concerned. The office is
requested to forward a copy of this order to the learned Court below also.
Certified copy/e-copy as per rules/directions
(ARUN KUMAR SHARMA)
JUDGE
Vin**
Signature Not Verified
SAN
Digitally signed by VINOD SHARMA
Date: 2021.09.23 17:44:08 IST
