Citation : 2022 Latest Caselaw 6904 MP
Judgement Date : 7 May, 2022
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1690 of 2022 (SURENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-05-2022 Mr. Avnesh Shrivastava, learned counsel for the applicants.
Mr. A.S. Pathak, learned Government Advocate for the State. Heard on the question of admission.
Revision is admitted for final hearing.
Heard on I.A. No.7753/2022, which is an application for suspension of sentence and grant of bail to the applicant - Surendra and Amrendra.
The revision has been preferred by the applicant under Section 397(1) of the Cr.P.C. against the impugned judgment dated 28.04.2022 passed in Cr.A.No.20/2019 passed by Ist Additional Sessions Judge, Hatta, District Damoh (M.P.), arising out of the judgment and findings dated 21.08.2019 passed by JMFC Class-I Hatta, District Damoh in RCT-200647/2013, convicting the applicant for the offences punishable under Sections 332 and 186 of the I.P.C. and sentenced him to undergo R.I. for six months each (with fine of Rs.5000/- each) and fine of Rs.500/- each respectively, with default stipulations.
Learned counsel for the applicants submits that the applicants were in jail for
a period of one month thereafter they were released on bail and now the applicants are in jail since 29.04.2022. Hence, it is prayed to suspend the sentence and grant the bail to the applicants.
On the other hand, learned Government Advocate opposed the application and prayed for rejection of the same.
Looking to the less quantum of the punishment and the fact that revision will take time for its final disposal, without expressing any opinion on the merits of the case, I.A. No.7753/2022 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 - Surendra and Amrendra be released from custody on their furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety each in the like
amount to the satisfaction of the Trial Court.
The applicants shall appear and mark their presence before the trial Court on 05.09.2022 and on subsequent dates as may fixed by the trial Court from time to time till final disposal of the case.
Record of the Courts below be requisitioned. List the case for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
shahina
Signature Not Verified SAN
Digitally signed by SHAHINA KHAN Date: 2022.05.07 16:36:37 IST
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