Sarwan Meena vs The State Of Madhya Pradesh
2024 Latest Caselaw 5477 MP

Madhya Pradesh High Court

Sarwan Meena vs The State Of Madhya Pradesh on 22 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRR No. 794 of 2024
                                              (SARWAN MEENA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-02-2024
                                 Shri Satyendra Singh Rajput - Advocate for the Petitioner.

                                 Shri Prabhakar Kushwah - Panel Lawyer for the State.
                                 Heard on I.A.No.3593/2024, which is first application for temporary
                           suspension of sentence and grant of bail to the petitioner with an alternative
                           prayer for grant of temporary bail as record has not been received.
                                 This Criminal Revision assails the judgment dated 05.02.2024 passed by

                           the Sessions Judge Guna (M.P.) in Cr.A. No.163/2022 by affirming the
                           judgment dated 29.04.2022 passed in RCT No.143/2018 by JMFC First Class,
                           Guna by which the petitioner has been convicted for the offence under section
                           379 of IPC and sentenced him to undergo rigorous imprisonment six months
                           with fine of Rs.500/- with default stipulation.
                                 Learned counsel for the petitioner submitted that learned trial Court has
                           wrongly convicted the petitioner without appreciating the evidence properly
                           available on record. Further submission is that there are material omissions and
                           contradictions in the statements of prosecution witnesses. The petitioner was

                           on bail during trial and never misused the liberty so granted. Therefore, learned
                           counsel for petitioner at this stage orally prays for grant of temporary
                           suspension of sentence and grant of bail till record is receive.
                                 Per contra, learned Panel Lawyer for 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 facts and circumstances of the case, without commenting on merits of the case, it is directed that subject to depositing fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.25,000/-(Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the petitioner be released on temporary bail for a period of two months from the date of his release.

The petitioner is directed to surrender before the concerned trial Court immediately after lapse of interim bail period of two months and file relevant documents with regard to surrender before the Registry of

this Court.

Trial Court is directed to intimate this Court regarding surrender of petitioner.

List the case on 11.03.2024.

Meanwhile, record of courts below be requisitioned. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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