Pradeep Parmar vs The State Of M.P.
2022 Latest Caselaw 2230 MP

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                                 The High Court Of Madhya Pradesh
                                           CRR No. 528 of 2022
                                             (PRADEEP PARMAR AND OTHERS Vs THE STATE OF M.P.)

                      Jabalpur, Dated : 17-02-2022
                             Shri Satyam Agrawal, learned counsel for the applicants.

                             Smt. Ranjana Agnihotri, learned Panel Lawyer for the respondent-State.

Record of the trial Court be called for.

Heard on I.A. No.2755/2022, which is an application under Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail to the applicants Pradeep Parmar and Shriprasad.

The revision has been preferred by the applicants under Section 397(1) of the Cr.P.C. against the impugned judgment dated 3.02.2022 delivered in Cr.A.No.188/2019 by learned Ist Additional Sessions Judge, Ashta, District Sehore (M.P.) convicting the applicants for the offences punishable under Sections 325 of IPC and sentencing them to undergo R.I. for three months with fine of Rs.5,000/- and under Section 323 of IPC along with fine of Rs. 1,000/-, with default stipulation.

Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated. They have remained on bail during the trial as

well as during the proceedings in the appeal. He has further submitted that the trial Court has not appreciated the evidence properly and wrongly convicted the applicants, therefore, prays for suspension of sentence and grant of bail.

On the other hand learned Panel Lawyer for the respondent/State submits that in the light of the findings of the Courts below, the applicants should not be granted bail and prays for its rejection.

In the light of the facts and circumstances of the case so also in view of the fact that the applicants were on bail during the trial as well as during the pendency of appeal and have not misused the liberty, without commenting anything on the merits of the case, this Court is inclined to suspend the further custodial sentence of the applicants till final disposal of the revision. Hence, I.A.No.2755/2022 is

Signature SAN Not allowed.

Verified

Digitally signed by It is directed that on depositing fine amount, if not already deposited and on VINAY KUMAR VERMA Date: 2022.02.17 17:06:38 IST

furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on 28.03.2022 and all other subsequent dates as may be fixed by the trial Court in this

regard. The remaining part of the execution of substantive jail sentence of the applicants shall remain suspended and they be released on bail.

It is further directed that if the applicants are found indulged in any other criminal activity during suspension of their jail sentence, the bail granted in this case shall stand cancelled.

Jail authorities and State are directed to follow the guidelines issued by the Ministry of Health/State/Center in the wake of widespread of Novel Corona Virus (COVID-19) before and after release of the applicant from the jail.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

vkv /-