Sudhir vs The State Of Madhya Pradesh
2023 Latest Caselaw 13304 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 3401 of 2023
                                           (SUDHIR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-08-2023
                                 Shri Rajnish Sharma- Advocate for the petitioner.

                                 Shri R. S. Yadav- Public Prosecutor for respondent/State.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IA No. 14184 of 2023, which is the first application under Section 397(1) of CrPC for suspension of sentence and grant of bail filed on

behalf of revision petitioners.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 24.07.2023 passed by Seventh Additional Sessions Judge, Bhind, District Bhind (M.P.) in Cr.A. No. 59/2023, whereby confirming the judgment and conviction dated 13.03.2023 passed by Judicial Magistrate First Class, District Bhind (M.P.) in Criminal C as e No.1037/2017 by which the revision petitioner Raghvendra has been convicted under Section 324 of IPC and sentenced to undergo imprisonment of three months with fine of Rs.200/-, Sudhir has been convicted under Section

324 read with Section 34 of IPC and sentenced to undergo imprisonment of three months with fine of Rs.200/- and Kamlesh has been convicted under Section 324 read with Section 34 of IPC and sentenced to undergo imprisonment of three months with fine of Rs.200/- with default stipulation.

Learned Counsel for the revision petitioners submits that the learned Appellate Court did not appreciate the evidence in proper perspective. Further, the learned Appellate Court did not properly consider the contentions raised in Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 17-08-2023 11:13:29 AM

the appeal. Revision petitioners are in jail from the date of judgment. There is n o 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 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 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 31.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 14184 of 2023 stands allowed and disposed of. Learned counsel for the revision petitioners has requested that he is prepared to argue the matter finally.

List this case on 31.08.2023.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 17-08-2023 11:13:29 AM

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 17-08-2023 11:13:29 AM