Mulchandra Choubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 3246 MP

The High Court Of Madhya Pradesh CRR No. 798 of 2022 (MULCHANDRA CHOUBEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 08-03-2022 Mr. Anoop Kumar Saxena, learned counsel for the applicants.

Ms. Geeta Yadav, learned Panel Lawyer for the State. Heard on the question of admission.

Revision is admitted for hearing.

Heard on I.A.No.4009/2022, which is first application under Section

397(1) of the Code of Criminal Procedure on behalf of applicants for suspension of sentence and grant of bail.

Applicants stands convicted vide impugned judgment dated 26.02.2022 in CRA No.12/2019 passed by IInd Addl. Sessions Judge, Nowgaon, District Chhatarpur (M.P.), arising out of the judgment and findings dated 03.05.2019 passed by Judicial Magistrate First Class, Nowgaon in Criminal Case No.323/2015, convicting the applicants for the offence punishable under Section 323/34 (two counts) of I.P.C. and sentenced to undergo R.I. for 3 months for each count with fine of Rs. 600/- each count and default

stipulation.

Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in this case. Further that final disposal of this revision would take considerable time, hence it is prayed that the substantive jail sentence of the applicants be suspended and they be released on bail.

Learned Panel Lawyer for the State has opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, without commenting on merits, the application is allowed.

It is directed that subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicants shall remain suspended during the pendency of this revision. Applicants - Mulchandra

Choubey, Jagdish Choubey a nd Ramavatar Choubey be released from custody on their furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court.

The applicants shall appear before the trial Court concerned on 21.07.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this revision.

Accordingly, I.A.No.4009/2022 is allowed and disposed of. Record of the Courts below be called for. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.09 17:31:43 IST