Anil Kulperiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 3945 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 989 of 2022 (ANIL KULPERIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 22-03-2022 Ms. Anita Kaithwas, counsel for the applicant. Shri Rajesh Chand, Government Advocate for the State.

Heard on the question of admission.

Revision seems to be arguable, hence, admitted for hearing. Also heard on I.A.No.4800/2022, which is first application filed on behalf of applicants for suspension of sentence and grant of bail.

Applicants stand convicted vide impugned judgment dated 07.03.2022 in Cr.A.No. 12/2020 passed by Session Judge, District Hoshangabad (M.P.), arising out of the judgment and findings dated 21.01.2020 passed by the Judicial Magistrate First Class in RCT No. 309/2016 for the offence punishable under Sections 324/34 and 323/34 of the Indian Penal Code and sentenced to undergo RI for six months with fine and default stipulation.

Learned counsel for the applicants submits that applicants have been sentenced with six months RI. 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 Government Advocate for the State has strongly opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, and the quantum of sentence awarded to the applicants, without commenting on merits, I.A.No. 4800/2022 is allowed.

It is directed that on furnishing personal bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) each with a surety each in the like amount to the satisfaction of the Court below, the remaining jail sentence imposed upon applicants - Anil Kulperiya and Tarun Bamole shall remain suspended during the pendency of this case and they shall be released on bail.

The applicants shall appear before the Registry of this Court on 28.07.2022 and on all such subsequent dates, as may be fixed in this regard.

Record of the Courts below be called for.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE vidya

Digitally signed by SREEVIDYA Date: 2022.03.22 17:26:51 +05'30'