Bhagirath Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 22297 MP

Madhya Pradesh High Court

Bhagirath Adiwasi vs The State Of Madhya Pradesh on 22 December, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRR No. 5665 of 2023
                                      (BHAGIRATH ADIWASI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                 Mr. Aditya Sharma, Advocate for the petitioners.

                                 Mr. Dheeraj Kumar Budholiya, Panel Lawyer for the respondent - State.

Heard on I.A. No. 22319 of 2023, third application under Section 397 (1) of CrPC.

The revision has been preferred by the petitioners under Section 397, 401 o f the Cr.P.C. against the impugned judgment dated 10.10.2023 in Cr.A.No.

393/2022 passed by First Additional Sessions Judge, Shivpuri, District Shivpuri (M.P.) affirming the judgment of conviction and sentence dated 21.12.2022 passed in Criminal Case No. 479/2014 by Judicial Magistrate First Class, Kailaras, District Shivpuri (M.P.) and convicting and sentencing the petitioners under Section 341 of IPC to undergo rigorous imprisonment of one month with fine of Rs.500/- and under Section 325/34 of IPC to undergo rigorous imprisonment of two years with fine of Rs.1000/-, with default stipulations.

Learned counsel for the petitioners argued that the Courts below have wrongly appreciated the evidence and convicted the petitioners. It is further

submitted that petitioners are in custody since the date of judgment i.e. 10.10.2023 (more than two months). The revision is likely to take long time to come up for final hearing. Hence, he prayed to suspend the jail sentence of the petitioners looking to the short period of jail sentence.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the facts and circumstances of the case, the application (I.A.

No. 22319 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 22.2.2024 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS