Citation : 2022 Latest Caselaw 2032 MP
Judgement Date : 14 February, 2022
1
The High Court Of Madhya Pradesh
CRR No. 83 of 2022
(SURAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 14-02-2022
Shri Himanshu Thakur, learned counsel for the applicants.
Ms.Nisha Jaiswal, learned counsel for the State.
Heard on the question of admission.
Record perused.
Revision is admitted for final hearing.
List for final hearing in due course.
Heard on IA no.230/2022, an application for suspension of sentence on
behalf of the applicants.
Applicants have filed this revision petition against the judgment dated
23.12.2021
passed by 2nd ASJ, Sardarpur, district Dhar in Criminal Appeal no.281/2015 whereby the learned appellate court has set aside the judgment of acquittal dated 16.4.2015 passed against the applicants in Criminal Appeal No.142/2007 and convicted the applicants for the offence punishable u/s 332 r/w section 149 IPC and sentenced to undergo RI for 2 years with fine of Rs.500/-.
Learned counsel for the applicants submits that the appellante court has
committed an error in appreciating the evidence and convicting the applicants. The applicants were on bail during trial as well as appeal. They did not misuse the liberty granted by the court during trial as well as appeal. The hearing of this revision would likely to take long time, hence prayed for suspension of sentence and release of the applicants on bail.
Learned counsel for the State opposes the application.
Considering the facts and circumstances of the case and the short sentence involved in the matter and the fact that the revision is likely to take long time for final hearing, the application is allowed and the applicants jail sentence shall remain suspended and they be released on bail upon each of them furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial court for their appearance before the Registry of this court on 18.7.2022 and on such further dates as may be fixed in this behalf by the
Registry during the pendency of this revision.
C.c as per rules.
(VIVEK RUSIA)
HARI KUMAR C G NAIR JUDGE
hk/ 2022.02.15 10:54:02
+05'30'
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