Narendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 8105 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                             CRR No. 1949 of 2022
                (NARENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022
       Shri Ankit Saxena, learned counsel for the petitioners.

       Shri K.S. Tomar, learned Public Prosecutor for the respondent-State.

Heard on the question of admission.

The revision being arguable is admitted for final hearing. Learned counsel for the petitioners does not want to press IA No. 8539 of 2022 filed on behalf of petitioners for grant of interim relief.

Accordingly, IA stands dismissed as not pressed. Heard on I.A.No.8537/2022. This is an application under Section 397 (1) of Cr.P.C. for suspension of sentence.

This criminal revision has been filed against the judgment dated 24/05/2022 passed by First Additional Sessions Judge, Guna (M.P.) in Criminal Appeal No.72/2017 affirming the judgment of conviction and sentence dated 14/02/2017 passed by Judicial Magistrate First Class, Guna (M.P.) in Criminal Case No.2760/2015, by which the petitioners have been convicted under Sections 323/34 (four counts) of IPC, and have been sentenced to undergo

Rigorous imprisonment for 03-03 months with fine of Rs.200-200/- 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. The petitioners are in custody since the date of judgment i.e. 25.05.2022 and remained in custody during trial also. There is no criminal history of the petitioners. Final disposal of this

revision will take sufficiently long time. He is 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.8537/2022 is allowed. It is directed that the petitioners be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) each 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 12.9.2022 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

Monika MONIKA SHARMA 2022.06.21 11:15:18 +05'30'