Devkaran @ Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 7449 MP

                                                                        1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                                CRR No. 1836 of 2022
                                               (DEVKARAN @ KALU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 19-05-2022
                                         Shri Vikas Yadav, learned counsel for the petitioners.

                                         Shri Hemant Sharma, learned PL for the respondent/State.

Heard on admission.

The revision is admitted for final hearing. Also heard on IA No.6899/2022, which is an application for suspension of sentence filed by petitioners-Devkaran, Ranjeet and Subhash.

Learned counsel for the petitioners submits that petitioners been convicted under Section 323 (two counts) of IPC and sentenced to 3 months R.I. and fine of Rs.250/- with default stipulation. Petitioner No.1 Devkaran @ Kalu has also been convicted under Section 324 of IPC and sentenced to 1 year R.I. and fine of Rs.500/- with default stipulation. Counsel for the petitioners submits that the petitioners have remained on bail during trial. Ocular evidence is not consistent with medical evidence. Conviction of petitioners is bad in law and that final conclusion of this revision will take long sufficient time. Hence he prays that petitioners may be released on bail and their jail sentence be

suspended till the final disposal of this revision.

Per-contra, learned PL for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After perusal of the judgment of the trial Court it appears that all the three petitioners have been convicted under Section 323 (two counts) of IPC and Signature Not Verified SAN petitioner No.1 has also been convicted under Section 324 of IPC and the Digitally signed by TRILOK SINGH SAVNER Date: 2022.05.19 18:14:48 IST maximum awarded punishment is one year R.I. The petitioners have remained

on bail and they did not misuse the liberty given to them. Final conclusion of this revision will take long sufficient time.

Considering the aforesaid I deem it proper to suspend the remaining jail sentence of the petitioners.

Accordingly, IA No.6899/2022 is allowed and the execution of remaining jail sentence of the petitioners-Devkaran, Ranjeet and Subhash is hereby suspended till the final disposal of this revision and it is ordered that the petitioners be released on bail upon their depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand) each with one solvent surety each of the like

amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 18.7.2022 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

List for final hearing in due course.

C.C. as per rules.

(ANIL VERMA) V. JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.05.19 18:14:48 IST