Narendra Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21469 MP

Madhya Pradesh High Court

Narendra Singh vs The State Of Madhya Pradesh on 7 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1                               CRR-3499-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRR No. 3499 of 2024
                                        (NARENDRA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 07-08-2024
                                Mr. Madhukar Kulshrestha - Advocate for the petitioner.

                                Mr. Dinesh Savita - Public Prosecutor for respondent No. 1 / State.

Mr. Dinesh Singh Tomar - Advocate for respondent No. 2.

Heard on the question of admission.

The revision, being arguable, is admitted for final hearing.

Heard on I.A. No.14248/2024, which is first application under Section 397 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to the petitioner.

This Criminal revision assails the judgment dated 03.7.2024 passed by the Seventh Additional Sessions Judge, Bhind, District - Bhind (M.P.) in Criminal Appeal No. 94/2023, whereby, judgment of acquittal dated 28.4.2023 passed by JMFC, Bhind, District - Bhind in Criminal Case No. 501/2018 has been set aside and petitioner was convicted under Section 354 of IPC and sentenced to undergo rigorous imprisonment of two years with fine of Rs.10,000/- with default stipulation.

Learned counsel for the petitioner argued that learned appellate Court has

wrongly convicted the petitioner. Petitioner has rightly been acquitted by the trial Court. There are material contradictions and omissions in the statement of the prosecution witnesses. It is further argued that petitioner was on bail during trial as well as during appeal and did not misuse the liberty so granted. Present revision is likely to take long time to come up for final hearing, he prays for suspension of jail sentence of the petitioner and grant of bail to him.

2 CRR-3499-2024 Per contra, leaned counsel for the respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.14248/2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the petitioner shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 18.12.2024 and on subsequent dates given by the Office in this regard,

till final disposal of this appeal.

List the case for final hearing in due course .

A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS