Vijay vs The State Of Madhya Pradesh
2023 Latest Caselaw 3361 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                               CRR No. 415 of 2023
                                    (VIJAY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                Dated : 23-02-2023
                          Shri Sapnesh Kumar Jain, learned counsel for the applicants.

                          Ms.Mamta Shandilya, learned Govt.Advocate for respondent/State.

Heard on the question of admission.

Admit.

Record of the Court below be requisitioned.

Also heard on I.A.No.2720/2023 which is first application under Section 397, 401 of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicants.

The applicants have filed this revision against judgment dated 16.01.2023 passed by I Additional Sessions Judge, District Rajgarh in Cr.A. No.83/2021 affirming the judgment dated 09/12/2021 passed by Judicial Magistrate First Class,District Rajgarh in Criminal Case No.100036/2014 convicting the applicants under Sections 509 and 354 of IPC and sentenced to undergo R.I. of 1-1 years & 2-2 years, with fine of Rs.1,000/-Rs.1000/- & Rs.500/- Rs.500/-

respectively with default stipulation.

Learned counsel for the applicants has submitted that applicants were on bail during pendency of the trial as well as the appeal. They are working as teachers and having no criminal records and because of previous enmity they have been falsely implicated in the case. The complainant is also working as teacher. It is further submitted that the final hearing of this revision will take Signature Not Verified sufficient long time and if the sentence is not suspended, the present revision Signed by: REENA PARTHO SARKAR Signing time: 2/24/2023 11:39:54 AM filed by the applicants may turn infructuous. Hence, prays for suspension of

sentence and grant of bail.

Learned Govt. Advocate for the respondent/State opposes the application and prays for its rejection.

Accordingly, without expressing any opinion on merits of the case, I.A. No.2720/2023 is allowed and it is directed that the execution of jail sentence awarded to the applicants shall remain suspended till final disposal of the revision, subject to depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before trial Court on 10.07.2023 and on such other

dates as may be fixed by the concerned Court in this regard.

I.A. No.2720/2023 stands allowed and disposed off. Certified copy as per rules.

(VIVEK RUSIA) JUDGE

das

Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 2/24/2023 11:39:54 AM