Tulsidas Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 4021 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 988 of 2022 (TULSIDAS VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-03-2022 Shri D.S. Baghel, learned counsel for the applicants. Shri V.P. Tiwari, learned 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.4786/2022, which is first application filed on behalf of applicants for suspension of sentence and grant of bail.

Applicants stand convicted vide impugned judgment dated 10.03.2022 in Cr.A.No.66/2017 passed by VIIIth Additional Sessions Judge, District Satna (M.P.), arising out of the judgment and findings dated 28.02.2017 passed by the Additional Chief Judicial Magistrate, Satna in Criminal Case No.4762/2013 for the offence punishable under Sections 323/149 (two counts) and 325/149 (two counts) of the Indian Penal Code and sentenced to undergo RI for four months for each count with fine of Rs.250/- for each count and RI for 12 months for each count with fine of Rs.500/- for each count respectively, with default stipulations.

Learned counsel for the applicants submits that the maximum sentence

awarded to the applicants are of 12 months. Fine amount has already been deposited by the applicants. 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.4786/2022 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 - Tulsidas Vishwakarma, Munshilal Vishwakarma, Kunnilal Vishwakarma, Babulal and Ajay Soni shall remain suspended during the

pendency of this case and they shall be released on bail.

The applicants shall appear before the concerned trial Court on 29.07.2022 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

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.03.24 18:03:37 IST