Citation : 2022 Latest Caselaw 16380 MP
Judgement Date : 9 December, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 4596 of 2022
(PAPPU @ POPSINGH AND OTHERS Vs STATE OF M.P.)
Dated : 09-12-2022
Shri Ankit Kesharwani, learned counsel for the petitioners.
Shri Rajesh Joshi, learned Govt. Advocate for the respondent/State.
Heard on I.A.No.15526/2022, an application for suspension of jail sentence of the petitioners - Pappu, Geeta Bai and Munshilal.
Petitioners have been convicted u/S 325 and 325/34 of IPC and
sentenced to suffer R.I. for 03 months with fine of Rs. 2,500/- each by the 2nd Additional Sessions Judge, District Dewas vide judgment 11.11.2022 passed in Cr.A. No. 06/2022, modifying the judgment of conviction and order of sentence passed by JMFC Sonkatch District Dewas in Cr.Case No. 300900/2016.
Learned counsel for the petitioners submits that petitioners have suffered about 01 month of jail incarceration till now out of total sentence awarded of 03 months. He further submits that the learned trial court as well as first appellate Court have committed error in holding the petitioners guilty. There is no
likelihood of final conclusion of this revision/petition in near future. It is further submitted that short sentence has been awarded to the petitioners. Hence, it is prayed that application for suspension of jail sentence filed on behalf of the petitioners be allowed.
Per contra, learned counsel for respondent/State has opposed the prayer and prays for dismissal of the application for suspension of jail sentence.
Having considering the rival submissions, the material produced on record, so also the fact that there is no likelihood of conclusion of final hearing Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/9/2022 6:44:58 PM
of this revision in near future and the fact that only short sentence has been awarded by the court below, without commenting on merits of the case application for suspension of jail sentence of the petitioners is allowed.
It is directed that jail sentence of the petitioners shall remain suspended subject to their depositing fine amount, if not already deposited, and they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount each to the satisfaction of the trial Court. The petitioner is directed to appear before the Registry of this Court on 16.01.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the I.A. No.15526/2022 stands disposed of. Let record of Courts below be requisitioned. List for admission after receipt of record. C.c. as per rules.
(SATYENDRA KUMAR SINGH) JUDGE
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Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/9/2022 6:44:58 PM
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