Deenbandhu vs The State Of Madhya Pradesh
2024 Latest Caselaw 20778 MP

Madhya Pradesh High Court

Deenbandhu vs The State Of Madhya Pradesh on 1 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1                              CRR-3370-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                    CRR No. 3370 of 2024
                                            (DEENBANDHU Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-08-2024
                                Shri Arshad Ali M. Haque, learned counsel for the Petitioner.

                                Shri K.K. Prajapati, Public Prosecutor for State.


                                The revision being arguable is admitted for final hearing.

                                Heard on I.A.No. 13580 of 2024 , first application under Section 397

                          (1) of Cr.P.C. for suspension of sentence and grant of bail moved by the
                          petitioner.

                                This revision is preferred by the petitioner challenging the judgment
                          dated 02.07.2024 passed by Additional Sessions Judge, District Sheopur
                          (M.P.) in Criminal Appeal No.85/2023, affirming the judgment of conviction
                          and order of sentence dated 27.06.2023 passed by the Judicial Magistrate
                          First Class, Sheopur, District - Sheopur (M.P.) in RCT/934/2019 convicting
                          the petitioner under Sections 325 of IPC to undergo rigorous imprisonment
                          of six months with fine of Rs.3000/- with default stipulation.

                                Learned counsel for the petitioner argued that the Courts below have
                          wrongly appreciated the evidence and convicted the petitioner. There are
                          omissions and contradictions in the statements of the prosecution witnesses.
                          Under these circumstances so also in the light of the fact that petitioner has
                          already served about one month, he is entitled to get the benefit of
                          suspension. Further argument is that present revision is likely to take long

Signature Not Verified
Signed by: ROHIT SHARMA
Signing time: 8/2/2024
11:44:43 AM
                                                                  2                         CRR-3370-2024

                          time to come up for final hearing and the petitioner has hope and believe that
                          he would succeed in the revision. Hence, prayed to suspend the jail sentence
                          of the petitioner and release him on bail.

                                  On the other hand, learned Public Prosecutor for the respondent/State

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. 13580 of 2024) is allowed. It is directed that the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the

concerned trial Court. The petitioner shall now appear before the Registry of this Court on 16.12.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

List the case for final hearing in due course .

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Rohit