Vivek vs The State Of Madhya Pradesh
2023 Latest Caselaw 14260 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRR No. 3735 of 2023
                                             (VIVEK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-08-2023
                                  Shri Akhil Singh- Advocate for the petitioners.

                                  Shri Purshottam Tanwar- Public Prosecutor for respondent/State.

Heard on the question of admission.

Being arguable, the revision is admitted for final hearing. Heard on IA No. 15410 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 07.08.2023 passed by Additional Sessions Judge, Pichore, District Shivpuri (M.P.) in Cr.A. No.25/2019, whereby the judgment and conviction dated 27.02.2019 passed by Judicial Magistrate First Class, Pichore, District Shivpuri (M.P.) in Case No.491/2017 has been modified to the extent that the revision petitioners have been convicted under Section 325/34 of IPC and sentenced to undergo three- three months' RI only with a fine of Rs. 1,000/-1,000/- respectively with default

stipulation.

Learned Counsel for the revision petitioners submits that learned Appellate Court did not appreciate the evidence in proper perspective. Further, the learned Appellate Court did not properly consider the contentions raised in the appeal. The revision petitioners were on bail during trial and they did not misuse the liberty so granted to them. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 29-08-2023 06:59:56 PM

o f 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, regard being had to the period of short sentence awarded to the petitioners, 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 each in the like amount to the satisfaction of Trial Court for their appearance before the Registry of this Court on 07.11.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 15410 of 2023 stands allowed and disposed of. Let the record of the Trial Court be requisitioned. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 29-08-2023 06:59:56 PM