Deenanath vs The State Of Madhya Pradesh
2022 Latest Caselaw 4022 MP

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     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                             CRR No. 1003 of 2022
                (DEENANATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-03-2022
       Shri Kuldeep Singh Rajput, 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.4881/2022, which is first application filed on behalf
of applicants for suspension of sentence and grant of bail.

       Applicants stand convicted vide impugned judgment dated 08.03.2022 in
Cr.A. Nos.52/2007 & 27/2018 passed by IVth Additional Sessions Judge, District
Narsinghpur (M.P.), arising out of the judgment and findings dated 27.03.2017 &
02.02.2018

passed by the Judicial Magistrate First Class, Narsinghpur in Criminal Case No.370/2007.

Applicant No.1 has been convicted under Sections 148, 324 and 326 read with Section 149 of the Indian Penal Code and fine Rs.1000/-, sentenced to undergo RI for six months with fine of Rs.1000/- and R.I. for two years with fine of Rs.1000/, with default stipulations. Applicant No.2 has been convicted under

Sections 148, 324 read with Section 149 and 326 read with Section 149 of the Indian Penal Code and fine Rs.1000/-, sentenced to undergo SI for six months with fine of Rs.1000/- and S.I. for two years with fine of Rs.1000/, with default stipulations.

Learned counsel for the applicants submits that the maximum sentence awarded to t h e applicants are of two years. 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.4881/2022 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 - Deenanath Silawat and Devkabai 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 18:03:35 IST