Madhya Pradesh High Court
Dwarka Gauli vs The State Of Madhya Pradesh on 10 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3106 of 2023
(DWARKA GAULI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-10-2023
Shri A.K.Chakarvarti - Advocate for applicants.
Shri Akhilendra Singh - Government Advocate for respondent/State.
Appeal has already been admitted for hearing.
Heard on I.A. No.24086 of 2023, this is third application for suspension
of sentence and grant of bail filed under Section 397(1) of Cr.P.C. moved on
behalf of applicants. First application of all three applicants was dismissed as
withdraw vide order dated 14.08.2023 and second application was dismissed as
not pressed vide order dated 21.09.2023.
The applicants have been convicted vide judgment dated 15.6.2023
passed by Additional Sessions Judge, Parasiya, District Chhindwara in Cr.A.
No. 16/2022, whereby appeal preferred by applicant against judgment dated
25.11.2021 passed by Judicial Magistrate First Class, Parasiya, District
Chhindwara in RCT No. 1336/2012 has been dismissed by affirming the
judgment of conviction and order of sentence and convicted for commission of
offence punishable under Sections 323/34 and 325/34 of IPC (to each) and
sentenced them to undergo R.I. for 3 months and to pay fine amount of
Rs.2000/- and sentenced them to undergo R.I. for 1 year and to pay fine
amount of Rs.2000/- (to each), with usual default stipulations.
Learned counsel for the applicants submitted that the applicants have
been convicted for commission of offence punishable under under Sections
323/34 and 325/34 of IPC (to each) and sentenced them to undergo R.I. for 3
months and to pay fine amount of Rs.2000/- and sentenced them to undergo
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 10/11/2023
10:33:42 AM
R.I. for 1 year and to pay fine amount of Rs.2000/- (to each) and the applicants
are in jail from date of order impugned. It is also submitted that there are fair
chances of success of this revision petition and short sentence has been
involved in the matter and if the custodial sentence of applicants have not been
suspended, the revision preferred by applicants may turn infructuous, hence
they have prayed for suspension of jail sentence and release of the applicants on
bail till the final disposal of the revision.
On the other hand, learned Government Advocate for the
respondent/State has opposed the prayer and prayed for dismissal of the above
application.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicants, the short sentence of the applicants and 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
the applicants shall remain suspended during the pendency of this revision and
they be released on bail subject to depositing fine amount, if already not
deposited and upon his furnishing personal bond in the sum of Rs.50,000/-
(Rs. Fifty Thousand only) each with one solvent surety of the like amount to
the satisfaction of the trial Court for their appearance before the concerned trial
Court on 20/12/2023 and on such further dates as may be fixed by trial Court in
this regard during the pendency of this revision.
List the matter for final hearing in due course.
C.C. as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 10/11/2023
10:33:42 AM
sm
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 10/11/2023
10:33:42 AM
