Jaisingh Kewat vs The State Of Madhya Pradesh
2024 Latest Caselaw 3053 MP

Madhya Pradesh High Court

Jaisingh Kewat vs The State Of Madhya Pradesh on 1 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRR No. 42 of 2024
                                            (JAISINGH KEWAT Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-02-2024
                                Mr. Deependra Singh Kushwah, Advocate for the petitioner.

                                Mr. Prabhat Pateriya, Dy. Public Prosecutor for the respondent - State.

Heard on the question of admission.

The revision, being arguable, is admitted for final hearing. Record of the Courts below be called for.

Heard on I.A. No. 158 of 2024, which is first application under Section

389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal revision assails the judgment dated 22.12.2023 passed by the Additional Sessions Judge, Mehgaon, District Bhind (M.P.) in Cr.A. No.02 of 2021 affirming the judgment of conviction and sentence dated 20.1.2021 passed by Judicial Magistrate First Class, Mehgaon, District Bhind (M.P.) in Criminal Case No.320 of 2013 R.C.T., whereby petitioner has been convicted and sentenced under Section 457 of IPC to undergo rigorous imprisonment of two years with fine of Rs.500/- and under Section 380 of IPC to undergo

rigorous imprisonment of six months with fine of Rs.200/-, with default stipulations.

Learned counsel for the petitioner submits that the Courts below have wrongly convicted the petitioner without properly appreciating the materials available on record. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that material witnesses PW-6 Sheela Devi and PW-7 Ramkaran have not supported the case

of the prosecution and turned hostile. Under these circumstances, learned Courts below have erred in convicting the petitioner. Further submission is that the petitioner has already served incarceration of one month out of total jail sentence awarded. The revision is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to petitioner.

Learned counsel for the respondent/State vehemently 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.158 of 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 o n 20.05.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this 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