Citation : 2022 Latest Caselaw 8790 MP
Judgement Date : 1 July, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2285 of 2022
(AJAB SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-07-2022
Shri B.S. Dhakad, learned counsel for the petitioners.
Shri B.M. Shrivastava, learned Public Prosecutor for the respondent-
State.
Heard on the question of admission.
The revision being arguable is admitted for final hearing. Heard on I.A.No.10030/2022. This is an application under Section 397
(1) of Cr.P.C. for suspension of sentence on behalf of petitioners - Ajab Singh, Darshan Singh, Suraj Singh and Shankar Singh.
This criminal revision has been filed against the judgment dated 14/6/2022 passed by First Additional Sessions Judge, Shivpuri (M.P.) in Criminal Appeal No.449/2018 partly allowing the judgment of conviction and sentence dated 07/9/2018 passed by Judicial Magistrate First Class, Pohari, District Shivpuri (M.P.) in RCT No.579/2013, by which the petitioners have been convicted under Sections 325/34 and 323/34 of the IPC and have been sentenced to undergo rigorous imprisonment of six months with fine of Rs.5,000/- and
Rs.1,000/- with default stipulation.
It is submitted by learned counsel for the petitioners that the petitioners have been wrongly convicted by both the Courts below. They have deposited the fine amount as imposed by the trial court. Tthey are in jail since the date of judgment. Final disposal of this revision will take sufficiently long time. They are ready to abide with all the conditions which may be imposed by this Court. Hence, prays to suspend the jail sentence of the petitioner looking to the short
period of jail sentence.
Per contra, the application is opposed by the counsel for the respondent/State.
Looking to the short period of jail sentence, without commenting on merits of the case Considering the facts and circumstances of the case, I.A.No.10030/2022 is allowed. It is directed that the petitioners be released on bail each of them furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioners shall now appear before the Registry of this Court 17.8.2022 and on all other dates which may
be given by the Office for their appearance.
List this case for final hearing in due course.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE
AKS ALOK KUMAR 2022.07.01 17:08:20 +05'30' 11.0.23
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