Bhoore@ Rajendra Singh Savita ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 8733 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRR No. 1619 of 2023
                                   (BHOORE@ RAJENDRA SINGH SAVITA (NAI) Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-06-2023
                                 Shri Amit Rawat- Advocate for the petitioner.

                                 Shri Dinesh Savita- Public Prosecutor for the respondent - State.

Heard on I.A.No. 6755 of 2023, first 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 08-04-2023 in

Cr.A.No.134/2022 passed by First Additional Sessions Judge, Datia, District Datia (M.P.) modifying the judgment of conviction and sentence dated 19-10- 2022 passed in Criminal Case No. 302/2017 by Judicial Magistrate First Class, Bhander, District Datia whereby, petitioner has been convicted and sentenced under Section 325 of IPC to undergo rigorous imprisonment of One Year with fine of Rs.500/- with default stipulations.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that petitioner has suffered almost four months of incarceration as

against one year R.I. awarded. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. Disposal of revision shall take considerable time, therefore, the application for suspension of sentence deserves to be allowed.

Per contra, learned Public Prosecutor for the respondent/State vehemently opposed the prayer and submitted that the prosecution has proved its case beyond doubt. Hence, prayed to reject the application. Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 15-06-2023 10:39:51 AM

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. 6755 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 one solvent surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 12.07.2023 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing on 17.07.2023. Certified copy as per rules.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 15-06-2023 10:39:51 AM