Hem Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 9904 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              CRR No. 2594 of 2023
                       (HEM KUMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 30-06-2023
      Shri Rameshwar Rawat- learned counsel for the applicant.
      Shri S.K. Awasthy- learned counsel for the respondent- State.

Heard on admission.

Record of the trial Court has already been received. Revision appears to be arguable, is admitted for final hearing. Also heard on IA 10787 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 26.05.2023 passed by Second Additional Sessions Judge, Datia in Criminal Appeal No.109 of 2022 partly allowing the appeal whereby the applicant stood convicted under Section 337 of IPC (six count) and sentenced to undergo

three-three months RI with fine of Rs.300-300/- and under Section 338 of IPC (three counts) and sentenced to undergo 6-6 months RI with fine of Rs.500- 500/- with default stipulation.

Learned Counsel for applicant submits that the applicant is in custody. H e 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 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. Fine amount has already been deposited by the applicant. 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 28.07.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE ar

ABDUR RAHMAN 2023.07.01 10:59:52 +05'30'