Anish Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 18188 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 4844 of 2023 (ANISH RAWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2023 Shri Arshad Ali M. Haque, learned counsel for the Petitioner .

Shri Rajendra Singh Yadav - P.P.- appearing on behalf of Advocate General.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is admitted for final hearing.

Also heard on I.A.No.19207 of 2023, first application under Section 397 of Cr.P.C. for suspension of sentence and grant of bail to the petitioners namely Anish Rawat and Karu Rawat.

The revision has been preferred by the petitioners against the impugned judgment dated 27/09/2023 passed in Cr.A.No.11/2023 by Sessions Judge, District Shivpuri (M.P.) partly affirming the judgment of conviction and sentence dated 22.12.2022 passed in RCT No.100/2019 passed by JMFC, Kolaras, Dist. Shivpuri (M.P.) whereby, petitioners have been convicted and sentenced under Section 325, 324/34, 325/34, 324 of the IPC to undergo

maximum rigorous imprisonment of six months each with maximum fine of Rs. 3,000/- each with default stipulations.

Learned counsel for the petitioners argued that the Courts below have wrongly appreciated the evidence and convicted the petitioners. It is further argued that the petitioners already suffered more than one and half months of incarceration out of total jail sentence. There are material contradictions and omissions in the evidence of the prosecution witnesses. Present revision is likely Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 01-11-2023 10:29:39 AM

to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioners looking to the short period of jail sentence and release them on bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A.No.19207 of 2023) is allowed.

It is directed that the petitioners be released on bail on their furnishing personal bond by each of the petitioners in the sum of Rs.25,000/- (Rs.

Twenty Five Thousand Only) with one surety each in the like amount to the satisfaction of the concerned trial Court. The petitioners shall now appear before the Registry of this Court on 19.12.2023 and on all other dates which may be given by the Office for his appearance.

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

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 01-11-2023 10:29:39 AM