Jhunnu Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 16620 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3824 of 2023 (JHUNNU PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 09-10-2023 Shri R.S. Jaiswal - Senior Advocate with Shri Rajmani Sharma -

Advocate for applicants.

Shri Akhilendra Singh - Government Advocate for State.

Heard on admission.

Admit.

Also heard on I.A. No.20312 of 2023 for suspension of sentence and grant of bail.

T his revision has been filed against the judgment dated 08.08.2023 passed by Third Additional Sessions Judge, Narsinghpur, District Narsinghpur in Criminal Appeal No.51/2023 arising out of judgement dated 24.01.2023 passed in R.C.T. No.864 of 2022 passed by Judicial Magistrate First Class, Gotegaon, District- Narsinghpur whereby learned appellate Court below dismissed the appeal filed by applicants and affirmed the order passed by the trial Court wherein the trial Court found applicants guilty for the offence

punishable under Section 457 of IPC and sentenced them to undergo R.I. for 1 year along with fine of Rs.100/-, Section 380 of IPC and sentenced them to undergo R.I. for 1 year along with fine of Rs.100/- and Section 379 of IPC and sentenced them to undergo R.I. for 1 year with default stipulations.

Learned counsel for the applicants submitted that learned trial Court as well as appellate Court without appreciating the complainant's evidence wrongly found the applicants guilty for the aforesaid offence. The applicants are in jail from date of order impugned. Hence, prayed for suspension of the jail sentence Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 10-Oct-23 10:07:32 AM

and release of the applicants on bail, since the final hearing of this revision will take time.

P e r contra, learned counsel for State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the applicants should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel for the State and the fact that applicants are in jail, this revision of the year 2023 and hearing of this revision will take time, the application i.e. IA No.20312 of 2023 is allowed. It is, therefore, directed that execution of the jail

sentence passed against applicants shall remain suspended during the pendency of this revision and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount, to the satisfaction of the trial Court, for their appearance before the trial Court concerned on 20.12.2023 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

List the case 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: 10-Oct-23 10:07:32 AM