Madhya Pradesh High Court
Bharosa vs The State Of Madhya Pradesh on 1 July, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2749 of 2023
(BHAROSA Vs THE STATE OF MADHYA PRADESH)
Dated : 01-07-2023
Shri D.S. Tomar- learned counsel for the applicant.
Shri P.P.S. Vajeeta- Public Prosecutor for the respondent- State.
Heard on admission.
Call for the record.
Also heard on IA 11699 of 2023, which is the first application under
Section 397(1) of CrPC for suspension of sentence and grant of bail filed on
behalf of applicant.
This Criminal Revision has been filed against the judgment dated
14.06.2023 passed by Sessions Judge, Ashoknagar in Criminal Appeal No.39
of 2023 affirming the appeal whereby the applicant stood convicted under
Section 354 of IPC and sentenced to undergo six months' RI with fine of
Rs.2000/-, under Section 325 of IPC and sentenced to undergo six months' RI
with fine of Rs.2000/- with default stipulation.
Learned Counsel for applicant submits that the eye-witness is husband
and daughter-in-law of the prosecutrix. They have conspired to implicate
present applicant because he was objected selling of illicit liqour by husband of
the prosecutrix. He further submits that impugned judgment passed by learned
trial Court is based on conjectures and assumption. The learned Trial Court has
committed an error in convicting and sentencing the present applicant without
appreciating the prosecution evidence properly. There are material contractions
and inconsistencies in the evidence of witnesses. Learned First Appellate Court
has also erred in confirming the judgment and sentence without due appreciation
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 03-07-2023
10:12:35 AM
of evidence and the contentions raised in appeal. The applicant was on bail
during trial and he did not misuse the liberty so granted to him. The revision is
of year 2023 and there is no likelihood of early hearing of revision in near
future. On these grounds, learned Counsel prays that execution of remaining jail
sentence of applicant may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection.
Upon hearing learned Counsel for parties but without commenting upon
rival contentions touching merits of the case, regard being had to the fact that
the revision is of the year 2023 and there is no likelihood of early hearing of the
revision in near future, this Court is of the view that application deserves to be
allowed. It is, accordingly, directed that execution of remaining jail sentence of
appellant shall remain suspended during pendency of this revision and he shall
b e enlarged on bail subject to furnishing personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the
like amount to the satisfaction of Trial Court and also subject to deposit of the
fine amount (if not already deposited) for his appearance before the Registry of
this Court on 16.08.2023 and on further dates as may be directed by the
Registry in that regard.
Accordingly, I.A. stands allowed and disposed of.
List after receipt of record.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Avi
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 03-07-2023
10:12:35 AM
