Sonu @ Shivbhushan Dwivedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 58 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRR No. 3268 of 2022
                               (SONU @ SHIVBHUSHAN DWIVEDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-01-2023
                               Shri Sharad Verma with Shri Sankalp Kochar, Advocate for the

                         applicants No.1, 3, 4, 5 and 6.
                               Shri Amit Pandey-Government Advocate for the respondent/State.

Heard on admission.

Primafacie, this revision seems to be arguable, hence, admitted for final

hearing.

Learned counsel for the applicant seeks permission to withdraw I.A. No. 19309/2022 which is an application for grant of temporary bail filed on behalf of applicant No.1 Sonu alias Shivbhushan Dwivedi.

Prayer is allowed.

I.A. No.19309/2022 is dismissed as withdrawn and not pressed. Also heard on I.A. No. 18703/2022, which is second application for grant of bail/suspension of sentence under Section 397/401 of Cr.P.C. on behalf of applicants No. 1, 3, 4, 5 and 6. First bail application of the applicants

was dismissed as withdrawn vide order dated 21.09.2022.

Applicants were convicted for commission of offence under Section 452 of IPC and had been sentenced to undergo RI for two years with fine of Rs. 1000/-, Section 323/34 of IPC and had been sentenced to undergo R.I. for 6 months with fine of Rs.1000/- and under Section 325/34 of IPC applicants had been sentenced to undergo RI for two years with fine of Rs.1000/- each with default stipulations vide judgment dated 22.08.2022 by JMFC, Panna, in Criminal Case No. 515/2009 (State of M.P. Vs. Sonu alias Shivbhushan Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/3/2023 7:18:02 PM

Dwivedi and others). Against the judgment of conviction and order of sentence passed by learned JMFC, Panna, an appeal was preferred before Third Additional Sessions Judge, Panna. Learned Third Additional Sessions Judge, Panna by appellate judgment dated 27.08.2022 passed in Cr.A. No. 98/2017 (Sonu alias Shivbhushan Dwivedi and others Vs. State of M.P.) dismissed the appeal preferred by the appellants and affirmed the judgment of the learned JMFC. Hence this revision has been filed against the orders passed by the Courts below.

Learned counsel for the applicants have submitted that applicants have already suffered more than four months sentence in jail. The sentences awarded

by the trial Court and confirmed by the Additional Sessions Judge, Panna are maximum of two years and fine. All sentences have been directed to run concurrently. It is submitted that applicants have already suffered four months sentence. It is prayed that applicants have fair chances to succeed in the revision application as learned trial Court as well as appellate Court has not properly appreciated the evidence of prosecution witnesses and the medical evidence on record. It is submitted that all injuries have been found on the left side of the injured Shivdayal. If six persons beat someone by means of clubs and other hard and blunt object and should one ought to have sustained injuries on almost all parts of the body. Sustaining of injuries on one side of body makes entire prosecution story doubtful. Therefore, they have fair chances to succeed in the revision application. Therefore, it has been prayed that jail sentence of the applicants No.1, 3, 4, 5 and 6 be suspended as hearing of this revision will take considerable time.

On the other hand, learned counsel for the respondent/State has opposed the prayer and submitted that prosecution has proved guilt of all the applicants Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/3/2023 7:18:02 PM

beyond reasonable doubt and learned trial Court as well as appellate Court have rightly convicted the applicants for the aforesaid offences. Therefore, it has been prayed that I.A. for grant of bail be dismissed.

In this case, it cannot be overlooked that applicants have already suffered more than four months sentence in jail and according to listing policy, hearing of this revision will take considerable time. Therefore, having taken into consideration the material on record, I.A. No.18703/2022 is allowed.

The execution of jail sentence passed against applicants No.1, 3, 4, 5 and 6 is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the applicants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the registry of this Court on 22.05.2023 and also on such other dates, as may be fixed by the registry of this Court in this regard during the pendency of this revision.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/3/2023 7:18:02 PM