Hemraj Jatav vs The State Of Madhya Pradesh
2024 Latest Caselaw 6116 MP

Madhya Pradesh High Court

Hemraj Jatav vs The State Of Madhya Pradesh on 28 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRR No. 559 of 2024
                                         (HEMRAJ JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-02-2024
                                 Shri Brijendra Singh Gour - Advocate for the petitioner.

                                 Shri Rohit Shrivastava - Panel Lawyer for respondent/State.

Heard on the question of admission.

The criminal revision, being arguable, is admitted for final hearing. Heard on I.A.No. 2731 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 revision is preferred by the petitioners challenging the judgment dated 01.02.2024 passed by the Sessions Judge, Shivpuri, District Shivpuri (M.P.) in Criminal Appeal No.58/2022, whereby, the appellate Court by affirming the judgment of conviction and sentence dated 12.01.2022 passed by the Judicial Magistrate First Class, Shivuri in Criminal Case No.2801616/2016 convicted the petitioners under Section 34 (2) of the Excise ACt and sentenced them to undergo one year and six months RI with fine of Rs.25000/- each with default stipulation.

Learned counsel for the petitioners argued that the Court below have wrongly appreciated the evidence and convicted the petitioners. It is further argued that there are material omissions and contradictions in the statement of prosecution witnesses. Independent witnesses have turned hostile. Further submission is that there is no likelihood of early hearing of revision in near future. On these grounds, he prayed to suspend the jail sentence and grant of bail to the petitioners.

On the other hand, learned Panel Lawyer 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.2731 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 each in the like amount to the satisfaction of the concerned trial Court. The petitioners shall now appear before the Registry of this Court on 30.05.2024 and on all other dates which may be given by the Office for his

appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AK/-