Kamlu Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6089 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                              CRR No. 1507 of 2022
               (KAMLU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 25-04-2022
      Mr.Anoop Saxena, learned counsel for the applicants.

      Shri Arvind Singh, learned Government Advocate for the respondent/State.

Let record of the courts below be requisitioned. Heard on the question of admission.

The revision is admitted for hearing.

Considered I.A.No.6964/2022, which is first application for suspension of

sentence and grant of bail on behalf of applicants.

By the impugned judgment dated 04.3.2022 passed by Additional Judge to the Court of Additional Sessions Judge, Lavkushnagar, District Chhatarpur in Criminal Appeal No.129/2017, arising out of judgment dated 24.9.2016 passed by JMFC, Laudi in Regular Criminal Case No.941/2010, the applicants have been convicted for offences under Sections 452 & 325/34 of the Indian Penal Code and sentenced to undergo R.I. for 1 year each with fine of Rs.500/- each and R.I. for 1 year each with fine of Rs.500/- each respectively, with default stipulations.

Learned counsel for the applicants submitted that applicants are innocent

and have been falsely implicated in the crime in question. The courts below without properly appreciating the oral and documentary evidence available on record have passed the impugned judgment. It is also submitted that co-accused Jagdish has already been released on bail by this Court vide order dated 11.04.2022. The applicants are in custody and the disposal of this revision would take considerable time. The applicants have deposited the fine amount. Hence, prayer has been made to suspend the sentence of the applicants.

Learned Government Advocate has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; nature of offences; sentence awarded by the courts below; period of custody; final disposal of this revision would take considerable time and on the ground of parity, without commenting on merits of the case, the interlocutory application is allowed.

I t is directed that on furnishing a personal bond in the 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, the remaining jail sentence imposed upon the applicants namely Kamlu Yadav, Dhuram Yadav and

Kamta shall remain suspended during the pendency of this case and they shall be released on bail.

The applicants shall appear before the trial Court on 11.08.2022 and on all such subsequent dates, as may be fixed in this regard.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.04.25 19:45:11 IST