Mahendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 14941 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 3780 of 2022
                                            (MAHENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-11-2022
                                 Mr. Jai Prakash Kushwah - Advocate for the petitioner.

                                 Mr. Nitin Goyal - Panel Lawyer for the respondent - State.

Admit.

Heard on I.A.No.15277 of 2022, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397/401

o f the Cr.P.C. against the impugned judgment dated 29.07.2022 in Cr.A.No.57/2017 passed by First Additional Sessions Judge, Gohad, Bhind (M.P.) affirming the judgment of conviction and sentence dated 13.05.2017 passed in Criminal Case No. 840/2015 by Judicial Magistrate First Class, Gohad, District Bhind convicting the petitioner for the offence punishable under Sections 380 and 457 of IPC and sentencing him to undergo rigorous imprisonment of two years and fine of Rs.2000/-, with default stipulation.

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

witness of seizure and identification has turned hostile. They have not supported the prosecution case and in their cross-examination, they have stated that they have already seen the petitioner in the police station. It is further submitted that petitioner has no criminal history and he has already suffered more than six months of incarceration. It is further argued that co-accused have already been granted benefit of suspension of sentence by this Court in Cr.R. No.3125 of 2022, therefore, he seeks parity. Hence, it has been prayed that the Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/16/2022 10:06:31 AM

petitioner be released on bail.

On the other hand, learned Public Prosecutor 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.15277 of 2022) is allowed.

It is directed that the petitioners be released on bail on his 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 petitioner shall now appear before the Registry of this Court 03.01.2023 and

on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/16/2022 10:06:31 AM