Seetaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 315 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRR No. 4788 of 2022
                     (SEETARAM Vs THE STATE OF MADHYA PRADESH)

Dated : 05-01-2023
      Shri Vipin Babu Sharma, learned counsel for the petitioner.

      Shri C.P. Singh, learned Panel Lawyer for the respondent/State.

Heard on I.A.No. 19446 of 2022, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397/401 o f the Cr.P.C. against the impugned judgment dated 13.10.2022 in Cr.A.No.

03/2022 passed by Third Additional Sessions Judge, Ganjbasoda, Vidisha (M.P.) affirming the judgment of conviction and sentence dated passed in Criminal Case No. 757/2014 passed by Judicial Magistrate First Class, Ganjbasoda, District Vidisha convicting the petitioner for the offence punishable under Section 457 of IPC and sentencing him to undergo 2 years of rigorous imprisonment and fine of Rs.300/- and under Section 380 of IPC and sentencing him to undergo 1 year of rigorous imprisonment and fine of Rs.200/-, with default stipulation.

Learned counsel for the petitioner argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioner. The case is based on circumstantial evidence, however, all the independent witnesses have not supported the case of the prosecution that according to memorandum of applicant, stolen article was seized. The petitioner has already suffered more than two months of incarceration out of total sentence awarded to him. He was on bail during trial and never misused the liberty granted to him. Hence, it has been prayed that the petitioner be released on bail.

On the other hand, learned Public Prosecutor opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 19446 of 2022) 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 on 10.02.2023 and on all other dates which may be given by the Office for his

appearance.

List the case for hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Vishal

Digitally signed by PRACHI MISHRA

PRACHI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=cc727abda3453804cde48b1afcb367afd af978aea111b1ff29eae55fd213bc09,

MISHRA pseudonym=2989C2368D959ACCC89B7B9F968 4E85AC46EB3A3, serialNumber=C1F6C7B3B2D7FCD42440840CF9 E7A7C177E01EABE96DBBA40D811ECEC6E23BC5 , cn=PRACHI MISHRA Date: 2023.01.06 10:50:02 -08'00'