Mukesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21279 MP

Madhya Pradesh High Court

Mukesh vs The State Of Madhya Pradesh on 6 August, 2024

                                                              1                            CRR-3324-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRR No. 3324 of 2024
                                                (MUKESH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 06-08-2024
                                 Shri S. K. Vyas - Senior Advocate with Shri Aniruddha Gokhale -
                           Advocate for applicant.
                                 Shri Madhusudan Yadav - Govt. Advocate for the respondent / State.

Heard on the question of admission.

Revision petition is admitted for final hearing.

Also heard on I.A.No.10824/2024, first application under Section 397 of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf to applicant Mukesh Bharadwaj S/o Ramratan Bharadwaj.

The applicant has filed this revision against judgment dated 20/06/2024 passed by Additional Sessions Judge, Special Judge (under Electricity Act No.7), Indore in Criminal Appeal No.36/2023 affirming the judgment dated 27/11/2022 passed by the Judicial Magistrate First Class, Special Railway Magistrate, Indore in Criminal Case No.3607715/2011, wherein the applicant has been convicted under under Section 304-A (22

Counts), 337 (27 Counts) and 338 (20 Counts) of Indian Penal Code, 1860 and sentenced to undergo 02 years RI with fine of Rs.300/-, 03 months RI with fine of Rs.100/- and 06 months RI with fine of Rs.200/- respectively with usual default stipulation.

Learned counsel for the applicant submits that applicant is Loco Pilot in Railways. He is innocent and has been falsely implicated in this matter as

2 CRR-3324-2024 he was not responsible for the railway accident, which has taken place on 20/09/2010 at about 04:45 am. He further submits that during the trial applicant remained on bail and he has not misused the liberty granted to him. From the date of impugned judgment he is in jail. There are material contradictions and omissions in the statement of the witnesses. He has quite fair chance of success in revision. Looking to old pendency of the cases for consideration, final hearing of this revision petition appears not possible in near future. Hence, the execution of the remaining part of the jail sentence of the applicant be suspended till pendency of this revision.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence on the ground that due to the negligence of the applicant this rail accident took place which caused death

of 22 persons and near about similar number of persons were grievously heart. On these grounds, prays for dismissal of the application.

Heard learned counsel for the parties and perused the entire record with due care.

Looking to the aforesaid factual backdrop of the case, arguments advanced by learned counsel for the parties coupled with the fact that applicant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final hearing of the revision will take sufficient long time, I find it is to be a fit case to suspend the remaining custodial sentence of the applicant.

Accordingly, I.A.No.10824/2024 is allowed. Subject to deposit of fine amount, if not already deposited, the remaining jail sentence during the

3 CRR-3324-2024 pendency of the revision is hereby suspended and it is directed that applicant be released on bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 12/09/2024 and on all such subsequent dates, which are fixed in this regard.

Accordingly, the said IA is disposed off.

Registry is directed to list the revision petition for final hearing in due course.Certified copy as per rules

(BINOD KUMAR DWIVEDI) JUDGE

Tej