Indrapal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 14329 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRR No. 3897 of 2022
                                         (INDRAPAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-11-2022
                                 Mr. Atul Gupta, learned counsel for the petitioners.

                                 Mr. Purshottam Tanwar, learned Panel Lawyer for the respondent - State.

Heard on I.A.No. 15705 of 2022, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioners.

The revision has been preferred by the petitioners under Section 397/401 o f the Cr.P.C. against the impugned judgment dated 23.9.2022 in Cr.A.No.

32/2017 and 33/2017 passed by Additional Sessions Judge, Pichhore, District Shivpuri (M.P.) partly affirming the judgment of conviction and sentence dated 26.7.2017 passed in Criminal Case No. 637/2014 by Judicial Magistrate First Class, Pichhore, District Shivpuri and convicting the petitioners for the offence punishable under Section 332/34 of IPC (Three count) and sentencing them to undergo rigorous imprisonment of two years and fine of Rs.500/-, with default stipulation.

Learned counsel for the petitioners argued that the Courts below have wrongly appreciated the evidence and convicted the petitioners. Learned

counsel for the petitioners pointed out the evidence of PW-2, who has admitted that he did not know the petitioners personally and they were arrayed as accused on account of their name in the voter-list. T.I.P. has also not been conducted. It is further submitted that the petitioners have already suffered more than one month of incarceration out of the total jail sentence of two years and there is bleak possibility of final hearing of this revision in near future. Therefore, it has been prayed that the petitioners be released on bail. Signature Not Verified Signed by: ALOK KUMAR Signing time: 05-Nov-22 12:31:49 PM

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 15705 of 2022) is allowed.

It is directed that the petitioners be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioners shall now appear before the Registry of this Court 08.12.2022 and on all other dates which may be given by the Office for their

appearance.

List the case in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 05-Nov-22 12:31:49 PM