Citation : 2023 Latest Caselaw 10143 MP
Judgement Date : 4 July, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2804 of 2023
(JITENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2023
Shri Mukesh Sharma, learned counsel for petitioners.
Shri Pramod Pachori, learned Public Prosecutor, for the
respondent/State.
Heard on IA.No.11775/2023 an application u/Sec. 397(1) of Cr.P.C. . for suspension of sentence and grant of bail filed on behalf of petitioners.
T h is criminal revision has been filed against the judgment dated
27.06.2023 passed by the 7th Additional Sessions Judge, Bhind, in Criminal Appeal No.72/2021 convicting the petitioners under Section 323/34 of IPC and sentencing them to suffer three months RI with fine of Rs.300/- each with default stipulation.
I t is submitted by learned counsel for the petitioners that during trial petitioners were on bail, but they did not misuse the liberty so granted. Amount of fine has been deposited by them. Petitioners have suffered incarceration of about seven days. It is further submitted that looking to the short term of sentence, sentence of the petitioners may be suspended during pendency of the
revision.
Learned counsel for the State opposed the application and prayed for its rejection.
Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.11775/2023 is allowed and it is directed that jail sentence of petitioners will remain under suspension subject to verification that amount of fine has been deposited and on petitioners furnishing
bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 04.09.2023 and on such further dates as may be fixed by the office in this regard.
C.c. as per rules.
Let record of the Courts below be called. List after receipt of record.
(DEEPAK KUMAR AGARWAL) JUDGE
ojha YOGENDRA OJHA 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=559b9fc5699c450ae591f1 82bb528390a8686891308b8147f5 8a14e663c2cf97, pseudonym=0DDAA44322165AFF B7B9BB7BECE3F0E95FB34E78, serialNumber=7DD4B0909D1BAA 16D8E58C99D2E9C608AE9BA1AD C64EE11871527ECE48186868, cn=YOGENDRA OJHA 2023.07.04 18:47:04 +05'30'
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