Citation : 2022 Latest Caselaw 16362 MP
Judgement Date : 9 December, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4643 of 2022
(SURAJ MAHTO AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 09-12-2022
Shri Abdesh Gupta, learned counsel for the petitioners.
Let notice be issued to the respondent on payment of process fee within
a week.
Let record of Courts below be requisitioned. Heard on I.A. No.23046/2022 - an application for suspension of sentence
and grant of bail.
This revision is directed against the judgment dated 24.11.2022 passed by Additional Judge to Additional Sessions Judge, Budhar, district Shahdol in Criminal Appeal No.26/2022 whereby conviction of petitioners for the offence punishable under Sections 294 of the I.P.C, as recorded by the Judicial Magistrate, First Class, Budhar vide judgment dated 27.6.2022 passed in Criminal Case No. RCT/200625/2012 and the consequent sentence of R.I. for one year with fine of Rs.1000/- has been set aside and the offence under Section 332 of I.P.C and consequent sentence of 1 years with fine of Rs.1000/-
with default stipulation, has been affirmed.
I t is submitted by learned counsel for the petitioners that there is no possibility of the revision coming up for final hearing in the near future, hence, the petitioners may be benefited by suspension of sentence.
In view of the above, awaiting admission, it is directed that the execution of remaining jail sentence awarded to petitioners - Suraj Mahto and Rajendra Prajapati shall remain suspended during pendency of this revision and they Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 12/9/2022 5:02:09 PM
shall be released on bail subject to their furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties of Rs.25,000/- each to the satisfaction of trial Court for their appearance before that Court first on 20.01.2023 and on such further dates as may be fixed by the said court in this regard till disposal of this revision.
In case, petitioners are found absent on any date fixed by the concerned Trial Court then the said Trial Court shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court be kept informed.
I.A. No.23046/2022 stands allowed in above terms.
List the case for admission after receipt of the record of courts below. Certified copy as per rules
(SHEEL NAGU) JUDGE
vivek
Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 12/9/2022 5:02:09 PM
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