Citation : 2022 Latest Caselaw 14403 MP
Judgement Date : 7 November, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3757 of 2022
(SONU KUMAR SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-11-2022
Shri Manish Datt, learned Senior counsel with Shri Hussain Ali Saifi,
learned counsel for the applicants.
Shri Abhay Raj Singh Chouhan, learned Panel Lawyer for the
respondent/State.
Trial Court record has been received.
Heard.
Prima facie, this revision seems to be arguable, hence, admitted for final hearing.
Heard on I.A. No.3029/2022 which is an application under Section 389(1) for suspension of sentence and grant of bail to the applicants.
Applicants have been convicted for commission of offence under Sections 457 and 380 of IPC and have been sentenced to 3 years and 2½ years R.I. and fine of Rs.1500/- and Rs.1000/- with default stipulations by JMFC, Singrauli, Waidhan.
Against that judgment of conviction and order of sentence appeal was
preferred by the applicants and the same has been dismissed by the 3rd ASJ, Singrauli by affirming the judgment of conviction and order of sentence passed by the learned trial Court vide appeal judgment dated 05.09.2022.
Learned counsel for the applicants submit that the Courts below have not properly appreciated the evidence of the prosecution witnesses and have wrongly convicted and sentenced the applicants. Applicants have fair chances to succeed in revision. Therefore, it has been prayed that till the disposal of Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/9/2022 1:30:31 PM
the revision, they be released on bail.
On the other hand, learned counsel for the State has opposed grant of bail to the applicants.
After perusal of the impugned judgment of Courts below and the fact that hearing of this matter will take considerable time and applicants are already in jail, I deem it proper to suspend the remaining jail sentence of applicants till further orders.
Accordingly, without expressing any view on the merits of the case, I.A. No.18265/2022 is allowed. It is directed that the remaining jail sentence of applicants-Sonu Kumar Saket, Krishna @ Krishn Kumar Verma,
Mukesh Kumar Verma shall remain suspended and they shall be released on bail on their furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry on 28.11.2022 and on such other dates as may be fixed by Registry in this regard or until otherwise directed by this Court till final decision of this revision.
Certified copy today.
(DINESH KUMAR PALIWAL) JUDGE
mrs. mishra
Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/9/2022 1:30:31 PM
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