Machal Singh @ Bablu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17250 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                           CRR No. 4373 of 2023
         (MACHAL SINGH @ BABLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 16-10-2023
      Shri B.K. Shukla - Advocate for the applicant.

      Shri Ajay Tamarkar - Panel Lawyer for the respondent/State.

None for the objector.

Record of the Court below has been received.

Heard on question of admission.

Admitted.

Also heard on IA No.23193/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

Applicants have been convicted under Section 323, 452 and 324 of IPC and sentenced to undergo RI for 3 months with fine of Rs.100/-, RI for 6 months with fine of Rs.500/- and RI for 3 months with fine of Rs. 1000/- for respective offences with default stipulation vide judgment dated 14.09.2023

passed in CRA No.283/2022 by Sessions Judge,Sehore District Sehore.

Learned counsel for the applicants submits that the courts' below not properly appreciated the evidence in its proper perspective and committed grave error in convicting the applicants for aforesaid offence. It is further submitted that appeal is of the year 2023 and there is no likelihood of revision being taken up for final hearing. Under such circumstances, sentenced of the applicants may be suspended.

Learned counsel for the State has opposed the application.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant, the short sentence of the applicant 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 applicants-Machal Singh @ Bablu, Rahul Parmar and Kailash Parma 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 their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the trial Court on

20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this revision.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2023.10.17 15:58:40 +05'30'