Madhya Pradesh High Court
Rohit Rajput vs The State Of Madhya Pradesh on 26 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4868 of 2023
(ROHIT RAJPUT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023
Shri J.K. Dixit - Advocate for applicants.
Shri D.S. Parihar - Panel Lawyer for respondent/State.
Heard on the question of admission.
Revision is admitted for final hearing.
Let record of courts' below be called for.
Also heard o n I.A. No.24786/2023, this is the first application for
suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on
behalf of applicants-Rohit Rajput and Devideen @ Devisingh Rajput.
T he applicants have been convicted vide judgment dated 04/10/2023
passed by Additional Sessions Judge, Chhatarpur in Cr.A. No. 202/2017,
whereby the appeal preferred by applicants against judgment dated 24/08/2017
passed by Judicial Magistrate First Class, Lavkushnagar, District Chhatarpur in
Criminal Case No.667/2016 got partly allowed and applicants have been
convicted for commission of offence punishable under Section 323 of IPC and
sentenced to undergo RI for 3 months and to pay fine amount of Rs.5,00/-each
with usual default stipulations.
Learned counsel for the applicants submits that the appellate Court as
well as trial Court have not properly appreciated the evidence in its proper
perspective and committed grave error in convicting the applicant for aforesaid
offence. Applicants are in custody since 04/10/2023. There are fair chances of
success of this revision and final hearing of same will take considerable time,
therefore, if remaining custodial sentence has not been suspended, then the
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/27/2023
1:42:36 PM
revision filed by applicants may turn infructuous. Under these circumstances,
learned counsel for applicants prays for suspension of jail sentence and release
of the applicants on bail till the final disposal of the revision.
On the other hand, learned Panel Lawyer has opposed the bail application
of applicants.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicants coupled with the fact that short sentence of 3 months
RI has been awarded to 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
applicants-Rohit Rajput and Devideen @ Devisingh Rajput. shall remain
suspended during the pendency of this revision and they be released on bail
subject to depositing entire 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 separate surety in like amount to the satisfaction of the
trial Court for their appearance before the trial Court on 22/12/2023 and on
such further dates as may be fixed by trial Court it in this regard during the
pendency of this revision.
List for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/27/2023
1:42:36 PM
