Citation : 2023 Latest Caselaw 18157 MP
Judgement Date : 31 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4753 of 2023
(RAMKUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 31-10-2023
Shri A.R. Rao - Advocate for applicants.
Shri D.P. Patel - Deputy Government Advocate for respondent/State.
Heard on the question of admission.
Revision is admitted for hearing.
Record of courts' below be called for.
Also heard o n I.A. No.25371/2023, this is the first application for
suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C. on behalf of applicants -Ramkumar and Rajju.
T he applicants have been convicted vide judgment dated 26/09/2023 passed by First Additional Sessions Judge, Gadarwara District Narsinghpur in Criminal Appeal No.90/2018, whereby the appeal preferred by applicants against judgment dated 25/10/2018 passed by Judicial Magistrate First Class, Gadarwara, District Narsinghpur in R.C.T. No.1570/2008 got dismissed by affirming the judgment passed by trial Court and applicants have been found
guilty for commission of offence punishable under Sections 325/34 and 323/34 of IPC and sentenced to undergo RI for 6 months and to pay fine amount of Rs.1,000/- for each offence respectively with usual default stipulations.
On the other hand, learned Deputy Government Advocate for respondent opposed the contention raised by learned counsel for applicants and prays for rejection of suspension application.
Looking to the aforesaid facts and circumstances of the case, contention of learned counsel for the applicants coupled with the fact that short sentence is Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:13:45 PM
involved in the matter 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 -Ramkumar and Rajju 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
skt
Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:13:45 PM
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