Madhya Pradesh High Court
Satypal @ Satyveer vs The State Of Madhya Pradesh on 23 November, 2022
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 4407 of 2022
(SATYPAL @ SATYVEER Vs THE STATE OF MADHYA PRADESH)
Dated : 23-11-2022
Shri Ravi Dwivedi, learned counsel for the petitioner.
Shri V.P.S. Tomar, learned Panel Lawyer for the respondent-State.
Heard on the question of admission.
This criminal revision appears to be arguable, hence, it is admitted for
final hearing.
Record of the court below has already been received.
Also heard on I.A. No.17843/2022, which is first application u/S.397(2)
of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of 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 15/11/2022 in Cr.A.
No.317/2022 passed by 9th Additional Sessions Judge, Gwalior (M.P.)
modifying the judgment of conviction and sentence dated 01/07/2022 passed in
RCT Case No.6915505/2007 by Judicial Magistrate First Class, Gwalior
convicting the petitioner for the offence punishable under Section 420 of IPC
and sentencing him to undergo rigorous imprisonment of One year and fine of
Rs.1000/-, with default stipulation.
Learned counsel for the petitioner argued that the petitioner has falsely
been implicated in the case. It is further argued that there are omissions and
contradictions in the evidence of the prosecution witnesses. It is further
submitted that present petitioner has been arrayed as an accused on account of
seizure of the seal and pad, however, the only witness who has been examined
to prove the memo of seizure, has turned hostile. Another witness has not been
examined. It is further submitted that the petitioner has already suffered more
than two months of incarceration out of total awarded jail sentence of one year.
There are fair chances of success of this revision. There is no possibility of
hearing of this revision in near future. Under these circumstances, the execution
of sentence be suspended and he be released on bail.
On the other hand, learned counsel appearing on behalf of the
respondent/State opposes the application for suspension of sentence and grant
of bail filed on behalf of the petitioner and prayed for its rejection.
Keeping in view the facts & circumstances of the case, but without
commenting on merit of the case, I.A. No.17843/2022 is allowed. The
execution of remaining jail sentence of petitioner is hereby suspended subject to
deposit of the entire fine amount, if not already deposited, and on furnish
personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with two
local solvent sureties in the like amount to the satisfaction of trial Court for his
appearance before the Registry of this Court on 10th of January, 2023 and on
such subsequent dates as may be fixed in this regard till final disposal of this
revision.
Certified copy/e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
vpn
VIPIN KUMAR
AGRAHARI
2022.11.23
16:47:22
+05'30'
