Madhya Pradesh High Court
Ramesh vs The State Of Madhya Pradesh on 22 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 5218 of 2023
(RAMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-12-2023
Shri Basant Pandey - Advocate for applicants.
Shri D.K. Shrivastava - Government Advocate for respondent/State.
Heard on question of admission.
Revision is admitted for final hearing.
Also heard on I.A. No.26393/2023, t h is is first application for
suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C.
on behalf of applicants- Ramesh and Laxman.
T he applicants have been convicted vide judgment dated 26/09/2022
passed by First Additional Sessions Judge, Burhanpur in Criminal Appeal No.
128/2017, whereby appeal preferred by applicants against judgment dated
30/06/2017 passed by Judicial Magistrate First Class, Burhanpur in Criminal
Case No. 3391/2008 got dismissed by affirming the judgment and applicants
have been convicted for offence punishable under Sections 420/34, 409/34,
467/34 and 468/34 of IPC and sentenced to undergo RI for 2 years, 3 years, 3
years and 2 years and to pay fine of Rs.2,000/-, Rs.5,000/-, Rs.5,000/- and
Rs.1,000/- 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. The applicants are ready to deposit Rs.75,000/- under
protest before the trial Court. 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, Government Advocate has opposed the contention
rais ed by learned counsel for applicant and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that the applicants are ready to deposit Rs.75,000/- each under
protest before the trial Court 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 applicants- Ramesh
and Laxman shall remain suspended during the pendency of this revision and
they be released on bail subject to depositing Rs.75,000/- each under protest
before the trial court and 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 revision.
List the revision for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
