Manoj @ Aasharam vs The State Of Madhya Pradesh
2023 Latest Caselaw 16657 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         CRR No. 4141 of 2023
                                      (MANOJ @ AASHARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                 Shri B.S.Gaur, learned counsel for the Petitioners.

                                 Shri Lokendra Shrivastava, learned PP for the respondent/State.

Shri Atul Gupta, learned counsel for the complainant. Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. I.A.No.18896 of 2023, for taking additional documents on record is

considered and allowed for the reasons mentioned therein.

Heard on I.A.No.16729/2023, which is the first application under Section 397(1) of CrPC for suspension of sentence and grant of bail filed on behalf of petitioners.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 05/09/2023 passed by Ist ASJ, Morena (M.P.) in Cr.A. No.121/2023, whereby, the judgment passed by JMFC, Morena in Cr.Case No.1201800/2014 on 12.04.2023 convicting the petitioners under Sections 325 read with Section 34 of IPC and 323 read with

Section 34 (two counts) and sentencing them to undergo RI for one year with fine of Rs.1000/- and till rising of the court with fine of Rs.1000/- each respectively, was affirmed.

Learned Counsel for the revision petitioners submits that the learned Appellate Court did not appreciate the evidence in proper perspective. Further, the learned Appellate Court did not properly consider the contentions raised in the appeal. Revision petitioners are in jail from the date of judgment. There is Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 10/10/2023 11:11:28 AM

no likelihood of early hearing of revision in near future. No criminal antecedents is reported against the revision petitioners. On these grounds, learned Counsel prays that execution of remaining jail sentence of revision petitioner may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prayed for its rejection.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of petitioners shall remain suspended during pendency of

this revision and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety each in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 01/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 16729/2023 stands allowed and disposed of. Learned counsel proposes to argue the matter finally. Let the matter be listed for final hearing at motion stage in the week commencing 6th November, 2023.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 10/10/2023 11:11:28 AM