Meharban Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16368 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 4692 of 2022 (MEHARBAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 09-12-2022 Shri S.B. Shrivastava - Advocate for the petitioners.

Shri C.M. Tiwari - Government Advocate for the State.

Revision being arguable is admitted for hearing. Let record of Courts below be requisitioned. Heard on I.A. No.23267/2022 - an application for suspension of sentence

and grant of bail.

This revision is directed against the judgment dated 02.12.2022 passed by First Additional Sessions Judge, Gadarwara, District Narsinghpur (M.P.) in Criminal Appeal No.40/2022 and Criminal Appeal No.39/2022 whereby conviction of petitioners for the offence punishable under Section 325(2 count)/149 of IPC, as recorded by the Judicial Magistrate First Class, Gadarwara, District Narsinghpur vide judgment dated 21.06.2022 passed in Criminal Case No.970/2016 and the consequent sentence of R.I. for 1-1 year with fine of Rs.100-100/- with default stipulation, were 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 near future, hence, the petitioners may be benefited by suspension of sentence.

Learned Government Advocate for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and material available on record, no case for suspension of sentence is made out.

In view of the above, awaiting admission, it is directed that the execution of remaining jail sentence awarded to petitioners - Meharban Singh, Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 12/9/2022 7:50:33 PM

Munnalal, Dindayal, Naresh, Malkhan, Halkey and Chotal @ Chotelal shall remain suspended during pendency of this revision and they shall be released on bail on their furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two solvent sureties of the like amount to the satisfaction of trial Court for their appearance before the trial Court 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 their presence without first referring the matter to this

Court, provided the Registry of this Court be kept informed.

I.A. No.23267/2022 stands allowed.

List the case after receipt of the record of courts below. Certified copy as per rules.

(SHEEL NAGU) JUDGE

YS

Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 12/9/2022 7:50:33 PM