Deepak Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 12300 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                               CRR No. 3371 of 2023
                                            (DEEPAK PATHAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-08-2023
                                   Shri Suresh Agarwal - learned counsel for the revision petitioners.

                                   Shri Sushant Tiwari - learned Public Prosecutor for the respondent-

State.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IAs Nos. 14058 of 2023 and 14059 of 2013 which are the

first applications under Section 397(3) of CrPC for suspension of sentence and grant of bail filed on behalf of revision petitioners Deepak Pathak and Ramkumar Sharma, respectively.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 26/07/2023 passed by Sessions Judge, Gwalior (M.P.) in Cr.A. No.344/2022, affirming the judgment and sentence dated 09/07/2022 passed by Judicial Magistrate First Class, Gwalior (M.P.) in Case No. RCT/19539/2014, by which aforementioned revision petitioners have been convicted as under:

Conviction u/s. of IPC Sentence fine in Rs. imprisonment in lieu of fine 323/34 (four times) One month RI 200/- each 15 days SI

452 Three months RI 500/- One month SI

Learned Counsel for the revision petitioners submits that independent witnesses did not support case of the prosecution. The learned Trial Court and the Appellate Court committed an error in relying upon the statement of Investigating Officer. Revision petitioners are in custody. It is submitted that learned First Appellate Court also did not appreciate the evidence in proper Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 03-Aug-23 10:27:54 AM

perspective. Further, learned Appellate Court did not properly consider the contentions raised in the appeal. The revision petition is of the year 2023. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of revision petitioners may be suspended and they may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prays for rejection of suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of

remaining jail sentence of revision petitioners Deepak Pathak and Ramkumar Sharma shall remain suspended during pendency of this revision and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/-(Rupees fifty thousand Only) with one solvent surety each in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 03.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, IAs Nos. 14058 of 2023 and 14059 of 2013 stand allowed and disposed of.

List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

ar

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 03-Aug-23 10:27:54 AM