Kalla vs The State Of Madhya Pradesh
2021 Latest Caselaw 6039 MP

                                    1                                CRR-2305-2021
        The High Court Of Madhya Pradesh
                   CRR-2305-2021
                 (KALLA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 25-09-2021
      Heard through hybrid system of physical/virtual hearing.
      Shri Tajuddin Khan, counsel for the applicants.
      Shri Nirmal Kumar Sharma, counsel for the respondent/ State.

Heard on admission.

Revision appears to be arguable, is admitted for final hearing.

Issue notice.

Record of the Courts below be requisitioned. Also heard on IA No.28632/2021, application u/S. 397(1) of CrPC filed on behalf of applicants for suspension of sentence and grant of bail.

Vide judgment dated 31/08/2019 passed by JMFC, Jaura, Morena in Criminal Case No.500322/2010, each of the applicants has been convicted under Section 325/34 of IPC and sentenced to undergo six months rigorous imprisonment with fine of Rs.500/- and further payment of fine of Rs.500/- for offence under Section 323/34 of IPC. Thereafter, the applicants preferred

an appeal before the First Additional Sessions Judge, Jaura, District Morena and the same has been affirmed by the judgment dated 16/09/2021. Hence, the present revision.

It is submitted by the Counsel for the applicants that the applicants were on bail during trial and they have not misused the liberty granted to them. It is further submitted that the fine amount has already been deposited by the applicants.

On the other hand, the application is opposed by State Counsel and prayed for its rejection.

Looking to the short-term sentence awarded by the trial Court as well as affirmed by the appellate Court and on due consideration of the application, it is directed that if each of the applicants furnishes a surety in the 2 CRR-2305-2021 sum of Rs.10,000/- (Rupees ten thousand only) and executes a personal bond each in the like amount to the satisfaction of Trial Court/Court below concerned, the execution of remaining jail sentence passed against them shall remain suspended and they shall be released on bail. The applicants shall now appear before the Registry of this Court on 16th March, 2022 and on such other subsequent dates as may be fixed by Office in this regard.

Accordingly, IA stands allowed and disposed of. CC as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

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SMT VALSALA VASUDEVAN 2021.09.25 17:07:30 +05'30'