Siyanand vs The State Of Madhya Pradesh
2023 Latest Caselaw 20211 MP

Madhya Pradesh High Court

Siyanand vs The State Of Madhya Pradesh on 1 December, 2023

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRR No. 5343 of 2023
                                          (SIYANAND AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-12-2023
                                 Shri Rajesh Pathak - learned counsel for the petitioners.

                                 Shri Girraj Soni - learned Panel Lawyer for the respondent-State.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IA No. 21124 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 Siyanand, Devilal and Smt. Gulab Bai.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment of conviction and order of sentence dated 07/11/2023 passed by Sessions Judge, Ashoknagar (M.P.) in Cr.A. No.149/2023; whereby, the appeal preferred by the appellants (petitioners herein) against the judgment of conviction and order of sentence dated 28.06.2023 passed by the Judicial Magistrate First Class, Ashok Nagar (M.P.) in Criminal Case No.804/2019 has been allowed in part convicting each of them under Section 498A of IPC and sentenced to undergo RI for six months with a

fine of Rs.500/-; under Section 4 of Dowry Prohibition Act and sentenced to undergo RI for six months with a fine of Rs.500/- and under Section 323/34 (Two Counts) to pay fine of Rs.300/- for each count, with default stipulations.

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. Fine amount has already been deposited by the petitioners. 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 opposed the application and prayed for its rejection.

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) each 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 22/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 21124/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Prachi