Ghanshyam Shukla vs State Of Madhya Pradesh
2023 Latest Caselaw 18151 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRR No. 1868 of 2023
                                        (GHANSHYAM SHUKLA AND OTHERS Vs STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                 Shri Siddharth Bhola - Advocate for applicants.

                                 Shri D.K. Shrivastava - Government Advocate for respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Also heard o n I.A. No.25414/2023, t h is is the repeat (second)

application for suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C. on behalf of applicants -Ghanshyam Shukla and Ghanshyam Patel.

T he applicants have been convicted vide judgment dated 18/04/2023 passed by Additional Sessions Judge, Lavkushnagar, Chhatarpur in Criminal Appeal No. 70/2017, whereby the appeal preferred by applicants against jud gment dated 20/04/2017 passed by Judicial Magistrate First Class, Lavkushnagar, Chattarpur in Criminal Case No. 1037/2012 got dismissed by affirming the judgment passed by trial Court and applicants have been found

guilty for commission of offence punishable under Section 325/34 of IPC and sentenced to undergo RI for 2 years and to pay fine of Rs.1,000/- for each offence respectively 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 applicants for aforesaid offence. Applicants have already suffered more than six months custodial sentence. There are fair chances of success of this revision and final Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM

hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the 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 appeal.

On the other hand, learned Government Advocate opposed the contentions raised by learned counsel for applicants and prays for rejection of suspension application.

Looking to the aforesaid facts and circumstances of the case, contention o f learned counsel for the applicants coupled with the fact that the applicants

have already suffered more than six months custodial sentence 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 -Ghanshyam Shukla and Ghanshyam Patel 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 the revision for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM