Ratiram vs The State Of Madhya Pradesh
2024 Latest Caselaw 5656 MP

Madhya Pradesh High Court

Ratiram vs The State Of Madhya Pradesh on 23 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRR No. 600 of 2024
                                                  (RATIRAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2024
                                  Mr. Akash Chaturvedi - Advocate for the petitioner.

                                  Mr. Girraj Soni - Panel Lawyer for respondent/State.

Heard on I.A.No. 2919 of 2024, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the sole petitioner.

T his revision is preferred by the petitioner accused challenging the

judgment dated 31/01/2004 passed by XVth Additional Sessions Judge, District Gwalior in Criminal Appeal No. 465/2022, which was filed against the judgment of conviction and order of sentence dated 14/09/2022 passed by JMFC, Gwalior in case RCT No.7142/2005, whereby, the learned JMFC has convicted the petitioner for the offence punishable under section 409 of IPC and sentenced to undergo imprisonment for three with fine of Rs.1000/- with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly convicted the petitioner ignoring the fact that hand writing expert has

not supported the case of prosecution. Even in Departmental enquiry, petitioner was exonerated. Further submission is that seizure witnesses have not supported the case of prosecution and turned hostile. Other witnesses have made the allegation against the Trilok Singh who was secretary. Petitioner is a illiterate person having aged about 70 years. No incriminating article has been seized from his possession. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner

looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel 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.2919 of 2024) is allowed.

I t is directed that the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court on 10.06.2024

and on all other dates which may be given by the Office for his 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

(LJ*)