Gulab Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10229 MP

                                                          1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT GWALIOR
                                               CRR No. 2452 of 2023
                                       (GULAB SINGH Vs THE STATE OF MADHYA PRADESH)

              Dated : 05-07-2023
                      Shri Ravi Dwivedi, learned counsel for the Petitioner .

                      Ms. Abha Mishra, P.P. for respondent/State.

Heard on I.A.No.10764 of 2023, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the sole petitioner.

The revision has been preferred by the petitioner under Section 397/401

o f the Cr.P.C. against the impugned judgment dated 12.01.2023 passed in Cr.A.No. 90/2022 by First Additional Sessions Judge, District Morena (M.P.), whereby, the petitioner has been convicted and sentenced to undergo imprisonment as under :-

Conviction U/s Sentence Fine (in Rs.) Default (in lieu of fine) 380 of IPC 02 years RI 5,000/- Three months SI 457 of IPC 03 years RI 5,000/- Three months SI

The Judicial Magistrate First Class, District Morena vide judgment dated 22/03/2022 passed in criminal case No. 1588/2014 has acquitted the petitioner

from the aforesaid offences.

Learned counsel for the petitioner argued that first appellate court has wrongly appreciated the evidence and convicted the petitioner. The petitioner was on bail during trial and he never misused the liberty so granted. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. The prosecution has examined only interested witnesses and no Signature Not Verified independent witness has been examined. Disposal of revision shall take Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 06-07-2023 09:42:02 AM considerable time, therefore, the application for suspension of sentence

deserves to be allowed.

P e r contra, learned Public Prosecutor for the respondent/State vehemently opposed the prayer and submitted that the prosecution has proved its case beyond reasonable doubt. Hence, prayed to reject the application.

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. 10764 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 two solvent sureties in the like amount to the satisfaction of the concerned trial

Court. The petitioner shall now appear before the Registry of this Court 09.08.2023 and on all other dates which may be given by the Office for his appearance till final disposal of this case.

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

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 06-07-2023 09:42:02 AM