Madhya Pradesh High Court
Brijmohan Saket vs The State Of Madhya Pradesh on 12 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 2299 of 2023
(BRIJMOHAN SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-12-2023
Shri Nishant Agrawal with Shri Himanshu Tiwari - Advocate for
applicants.
Shri Dilip Kumar Shrivastava - Government Advocate for
respondent/State.
Heard on I.A. No.23231/2023, this is repeat (second) application for
suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C.
on behalf of applicant Nos. 1 to 4 namely Brijmohan Saket, Babulal
Saket, Santosh Saket and Shyamlal Saket.
Earlier application for suspension of custodial sentence and grant of bail
moved on behalf of aforesaid applicants has been dismissed by this Court, vide
order dated 28/08/2023.
T he applicants have been convicted vide judgment dated 22/05/2023
passed by Third Additional Sessions Judge, Devsar, District Singrouli in
Criminal Appeal No. 10/2018, whereby appeal preferred by applicants against
judgment dated 08/02/2018 passed by Judicial Magistrate First Class, Devsar,
District Singrouli in Criminal Case No. 1510/2008 got dismissed by affirming
the judgment and applicants have been convicted for offence punishable under
Sections 325 and 452 of IPC and sentenced to undergo RI for 1 year and to
pay fine of Rs.500/- for each offence respectively with usual default
stipulations.
Learned counsel for the applicants submits that the appellate Court as
well a s trial Court have not properly appreciated the evidence in its proper
perspective and committed grave error in convicting the applicants for
aforesaid offence. There are fair chances of success of this revision and final
hearing of same will take considerable time, therefore, if remaining custodial
sentence has not been suspended, then the revision filed by applicants may turn
infructuous. Under these circumstances, learned counsel for applicants prays
for suspension of jail sentence and release of the applicants on bail till the final
disposal of the appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for applicants and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that short sentence of one year RI involved in the matter and
according to listing policy the hearing of this revision will take time, the
application is allowed and it is directed that the execution of the remaining jail
sentence passed against applicant Nos. 1 to 4 namely Brijmohan Saket,
Babulal Saket, Santosh Saket and Shyamlal Saket shall remain suspended
during the pendency of this revision and they be released on bail subject to
depositing entire fine amount, if already not deposited and upon their furnishing
personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only)each with
one separate surety in like amount to the satisfaction of the trial Court for
securing their presence appearance before the trial Court on 02/01/2024 and on
such further dates as may be fixed by trial Court it in this regard during the
pendency of this appeal.
List the revision for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
