Citation : 2024 Latest Caselaw 21474 MP
Judgement Date : 7 August, 2024
1 CRR-3891-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 3891 of 2024
(PRAMOD SINGH NARWARIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 07-08-2024
Shri Keshav Pathak - Advocate for the petitioners.
Shri Prabhat Pateriya - Public Prosecutor for the State.
The revision being arguable is admitted for final hearing.
Heard on I.A.No. 15945 of 2024 , an 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 30.07.2024 passed by 13th Additional Sessions Judge, Gwalior (M.P.)
in Criminal Appeal No. 523/2023, partially affirming the judgment of
conviction and order of sentence dated 12.09.2023 passed by Judicial
Magistrate First Class, Gwalior (M.P.) in RCT No.5231/2014 convicting the
petitioners under Section 332 of IPC to undergo rigorous imprisonment of
six months with fine of Rs.1000/- with default stipulation.
Learned counsel for the petitioners argued that the courts below have
wrongly convicted the petitioners without considering the evidence on
record. It is further submitted that there are material contradictions and
omissions in the statement of prosecution witnesses. The petitioners were on
bail during trial as well as during appeal and never misused the liberty so
granted to them. Further argument is that present revision is likely to take
long time to come up for final hearing and the petitioners have hope and
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 8/8/2024
11:40:35 AM
2 CRR-3891-2024
believe that they would succeed in the revision. Hence, prayed to suspend the
jail sentence of the petitioners and release them on bail.
On the other hand, learned counsel 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. 15945 of 2024) is allowed. It is directed that the petitioners be released on bail on their furnishing personal bond by each of the petitioner in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) each with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioners 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 their 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
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