Madhya Pradesh High Court
Gopal vs The State Of Madhya Pradesh on 8 August, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRR-2057-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2057 of 2024
(GOPAL Vs THE STATE OF MADHYA PRADESH )
Dated : 08-08-2024
Shri Bal Krishna Sharma- Advocate for revision petitioner.
Shri Bhanu Pratap Singh Chauhan-Public Prosecutor for respondent- State.
Heard on admission.
Record of the Courts below has been received.
Revision being arguable, is admitted for final hearing.
IA No.8603 of 2024, an application seeking permission to file affidavit in support
of IA No. 8599 of 2024 is allowed for the reasons mentioned therein.
Also heard on IA No.8599 of 2024, which is the first application under Section
397(1) of CrPC for suspension of sentence and grant of bail moved on behalf of
revision petitioner- Gopal Rawat.
This criminal revision under Section 397 read with Section 401 of CrPC has been
filed against the judgment of conviction and order of sentence dated 27th of April,
2024 passed by First Additional Sessions Judge, Vijaypur, District Sheopur (M.P.) in
Criminal Appeal No. 26 of 2022, whereby the appeal preferred by appellant (herein
revision petitioner) against the judgment of conviction and order of sentence dated 05-
11-2022 passed by Judicial Magistrate First Class, Vijaypur (M.P.) in RCT No.100652
of 2015, has been dismissed and revision petitioner has been convicted under Section
325 of IPC and sentenced to undergo one year simple imprisonment with fine of
Rs.1,000/- with default stipulation.
Learned Counsel for the revision petitioner contends that contends that learned
Appellate Court did not properly consider the contentions raised in the appeal. Learned
Trial Court and First Appellate Court committed error in convicting and sentencing the
revision petitioner. Learned Counsel submits that revision petitioner was on bail during
2 CRR-2057-2024
trial and during hearing of appeal. Fine amount, as awarded by trial Court has already
been deposited by revision petitioner. Revision petitioner is undergoing sentence of
imprisonment from the date of passing of judgment passed by Appellate Court i.e. 27th
of April, 2024. There is no likelihood of early hearing of revision in near future. On
these grounds, learned Counsel prays that execution of remaining jail sentence of
revision petitioner may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent/State opposes the application and
prays for its rejection.
Upon hearing learned Counsel for the parties, but without commenting upon rival
contentions touching merits of the case, this Court is of the view that application
deserves to be allowed. It is, accordingly directed that execution of remaining jail
sentence of revision petitioner shall remain suspended during pendency of this
revision and he shall be enlarged on bail subject to furnishing personal bond in the sum
o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like
amount to the satisfaction of Trial Court for compliance with following conditions:-
(1). The revision petitioner shall deposit the amount of fine (if not deposited)
forthwith;
(2). The revision petitioner shall appear before the Trial Court on 2nd of
December, 2024 and on such further dates as may be directed by the Trial Court;
(3). The revision petitioner shall ensure hearing of the revision on the date fixed
for such hearing and shall also ensure proper legal representation on his behalf, on the
date notified for hearing.
In case of breach of any of the aforementioned conditions, this order granting
suspension of sentence shall become ineffective.
The Trial Court shall be authorized to grant exemption from attendance to the
revision petitioner on any date, on sufficient cause being shown [Chapter XIII Rule 42
Sub-Rule 2 of the M.P. High Court Rules, 2008].
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Where the revision petitioner does not appear on the date of his appearance
before the Trial Court and no sufficient cause for non-appearance is shown, the Trial
Court shall be authorized to issue non-bailable/bailable warrants to secure his
attendance under intimation to the Registry of High Court. The Trial Court shall also
proceed under Section 446 of CrPC against such revision petitioner and his surety
without any reference to this Court and without any impediment of the order granting
bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
On arrest/surrender in compliance with the warrant, the revision petitioner shall
be forwarded in custody to undergo sentence of imprisonment under intimation to the
Registry of this Court.
Accordingly, IA No.8599 of 2024 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
