Madhya Pradesh High Court
Shekhar vs The State Of Madhya Pradesh on 1 November, 2023
Author: Roopesh Chandra Varshney
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4900 of 2022
(SHEKHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-11-2023
Shri Rahul Kumar Tripathi - Advocate for applicants.
Shri Dilip Shrivastava - Government Advocate for State.
Heard on the question of admission.
Revision is admitted for hearing.
Also heard o n I.A. No.24172/2023, this is the second application for
suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on
behalf of applicants. Their first application was dismissed as withdrawn vide
order dated 22.08.2023.
T he applicants have been convicted vide judgment dated 18.11.2022
passed by Additional Sessions Judge to the Court of Additional Sessions
Judge, Saunsar, District Chhindwara in Criminal Appeal No.52/2017, 53/2017
and 54/2017, whereby the appeal preferred by applicant against judgment dated
05.10.2017 passed by Judicial Magistrate First Class, Saunsar, District
Chhindwara in Criminal Case No.939/2009 got dismissed by affirming the
judgment passed by trial Court and applicant has been found guilty for
commission of offence punishable under Section 304-B of IPC and sentenced
to undergo RI for 10 years and to pay fine amount of Rs.2000/- with usual
default stipulations.
Learned counsel for the applicants submits that the appellate court as well
a s trial Court have not properly appreciated the evidence in its proper
perspective and committed grave error in convicting the applicants for aforesaid
offence. He further submits that there are fair chances of success of this
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 02-Nov-23
10:32:57 AM
revision and final hearing of same will take considerable time, therefore, if
remaining custodial sentence has not been suspended, then the revision filed by
applicants may turn infructuous. Under these circumstances, learned counsel
for applicants prays for suspension of jail sentence and release of the applicants
on bail till the final disposal of the appeal.
Looking to the aforesaid facts and circumstances of the case, contention
o f learned counsel for the applicants coupled with the fact that according to
listing policy the hearing of this revision will take time, the application is
allowed and it is directed that the execution of the remaining jail sentence
passed against applicants shall remain suspended during the pendency of this
revision and they be released on bail subject to depositing of fine amount, if
already not deposited and upon their furnishing personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand only) each with one surety in like amount to
the satisfaction of the trial Court for their appearance before the trial Court on
22/12/2023 and on such further dates as may be fixed by trial Court it in this
regard during the pendency of this revision.
List the revision for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 02-Nov-23
10:32:57 AM
