Citation : 2024 Latest Caselaw 6114 MP
Judgement Date : 28 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 905 of 2024
(RANVEER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024
Mr. Anand Purohit - Advocate for the petitioners.
Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent/ State.
Heard on I.A.No. 4038 of 2024, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioners.
This criminal revision assails the judgment dated 21.02.2024 passed in
Criminal Appeal No.132/2022 by First Additional Judge to the Court of First Additional Sessions Judge, Datia whereby the appellate Court has partly allowed the appeal filed by the complainant challenging the judgment of acquittal dated 27/09/2022 passed by Judicial Magistrate First Class, Bhander, District Datia in Criminal Case No.132/2017, whereby, learned JMFC has acquitted the petitioners for the offences punishable under Sections 294, 325 read with Section 34 and 506 Part II of IPC. However, in appeal, learned first appellate Court has set aside the judgment passed by learned trial Court and maintained the findings recorded by learned trial Court in respect to acquittal of petitioners
for the offences punishable under Sections 294 and 506 Part II of IPC and sentenced them to one year R.I. under Section 325/34 of IPC with fine of Rs.1000/- each with default stipulation.
Learned counsel for the petitioner argued that the petitioners have wrongly convicted by the learned first appellate Court ignoring the material available on record, whereas, the learned trial Court has rightly acquitted the petitioners. It is further argued that there are material omissions and
contradictions in the statement of prosecution witnesses. The revision petitioners were on bail during trial and they did not misuse the liberty so granted to them. Fine amount has already been deposited by the petitioners. The petitioners are in jail from the date of judgment. 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 they may be enlarged on bail.
On the other hand, learned Dy. Public Prosecutor opposed the application and prayed for rejection of the same.
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. 4038 of 2024) is allowed.
It is directed that the petitioners be released on bail on their furnishing a personal bond 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 04.06.2024 and on all other dates which may be given by the Office for their appearance.
Certified copy as per rules.
(SUNITA YADAV) JUDGE
(LJ*)
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