Kamal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6809 MP

          IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                        CRR No. 1382 of 2022
          (KAMAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:-06/05/2022
      Shri D.S. Tomar, learned counsel for the applicants/revisionists.

      Shri      Nitin   Goyal,    learned    Panel    Lawyer        for   the

respondent/State.

Heard on I.A.No.6035/2022, an application under Section

397(1) of Cr.P.C. for suspension of jail sentence on behalf of the

applicants.

This criminal revision has been filed against the judgment dated

01/04/2022 passed by Additional Sessions Judge, Pichhor, District

Shivpuri in CRA No.100038/2017.

Applicants have been convicted and sentenced as under:-

Section             Sentence          Fine              In        default
                                                        stipulation
325,34 of I.P.C. 1 year of R.I.       Rs.1200/-         Three        months
                                                        R.I.
342 of I.P.C.       Three      months Rs.500/-          One month S.I.
                    R.I.

It is submitted by learned counsel for the applicants that the

incident in question has occurred on sudden altercation between the

near relatives. Three accused persons have been convicted under

Sections 325, 34 of IPC for grievous injury in ring finger for which

they have been sentenced with one year of rigorous imprisonment.

Fine amount has already been deposited by the applicants. There are

serious infirmities in the impugned judgments which render the conviction of the applicants baseless. Disposal of revision shall take

considerable time. All the convicts have no criminal antecedents and

they have suffered incarceration for more than one month. The

application for suspension of sentence deserves to be allowed.

Learned Panel Lawyer for the State has opposed the revision

with submission that the trial Court as well as appellate Court have

rightly convicted and sentenced all the applicants/accused persons.

Keeping in view all the facts and circumstances of the case,

particularly having regard to the facts that both the parties are near

relatives, nature of grievous injury and the time likely to be taken in

disposal of instant revision but without expressing any opinion on

merits, the application for suspension of sentence is allowed.

It is directed that jail sentence of applicants shall remain under

suspension subject to depositing fine amount and on their furnishing

personal bond of Rs.1,00,000/- (Rs. One Lakh only) each with two

solvent sureties of the like amount to the satisfaction of the concerned

trial Court, for their appearance before Office of this Court on

01/08/2022 and thereafter on all subsequent dates as may be fixed by

the office.

Certified copy as per rules.

(Satish Kumar Sharma) Judge Monika

MONIKA SHARMA 2022.05.06 15:31:34 +05'30'