Murarilal vs The State Of Madhya Pradesh
2023 Latest Caselaw 18687 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRR No. 4611 of 2023
                                          (MURARILAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-11-2023
                                 Dr. Jitendra Singh Kushwah - Advocate for the petitioners.

                                 Mr. Nitin Goyal - Panel Lawyer for respondent/State.

Admit.

Heard on I.A.No.18340 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by petitioners No. 1 and 2 i.e. Murarilal and Banwari lal.

This revision is preferred by the petitioners accused challenging the judgment dated 23/09/2023 passed by II Additional Sessions Judge, Ambah, District Morena in Criminal Appeal No.210/2018, whereby the appellate Court has partly allowed the appeal filed by the present petitioners challenging the judgment of conviction and sentence dated 14/09/2018 passed by Judicial Magistrate First Class, Ambah, District Morena in Criminal Case No.300149/2010. However, in appeal, learned first appellate Court has set aside the sentence of the present petitioners under Section 323/34 of IPC, but maintained the sentence under Section 325/34 of IPC.

Learned counsel for the petitioners argued that the Courts below have wrongly appreciated the evidence and convicted the petitioners. It is further submitted that there are material contradictions and omissions in the statement of prosecution witnesses. It is further argued that the petitioner has already suffered incarceration from date of judgment i.e. on 23.09.2023. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioners looking to the short period of jail Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/7/2023 9:51:22 AM

sentence and release them on bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

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.18340 of 2023) is allowed.

It is directed that the petitioners be released on bail on their furnishing personal bond by each of the petitioners in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) each with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioners shall now appear

before the Registry of this Court on 14.12.2023 and on all other dates which may be given by the Office for their appearance.

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

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/7/2023 9:51:22 AM