Madhya Pradesh High Court
Vinod Kumar vs The State Of Madhya Pradesh on 6 June, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
THE HIGH COURT OF MADHYA PRADESH
Criminal Revision No.2322/2024
(Vinod Kumar vs. The State of M.P.)
Gwalior, dated :06.06.2024
Shri R.P.Gupta, - Advocate for the petitioner.
Shri G.S.Chauhan - Public Prosecutor for respondent/State.
I.A.No.11320 of 2024, an application for urgent hearing, is taken
up, considered and allowed for the reasons mentioned therein.
Heard on question of admission.
Perused the record.
The revision being arguable is admitted.
Also, heard on I.A.No.9526 of 2024, application for staying the
order dated 29.04.2024 passed by lower court and suspension of
sentence.
2. This criminal revision under Section 397/401 of Cr.P.C. has
been filed by the revisionist assailing the Judgment dated 29.04.2024
passed in Criminal Appeal No.28/2022 by learned 6 th Additional
Sessions Judge, District Gwalior confirming the judgment dated
17.12.2021 by Court of Special Railway Magistrate, Gwalior in Case
No.4020/2013 by which petitioner has been convicted for the offence
under Sections 3A of The Railway Property (Unlawful Possession)
Act, 1966 and undergone for 1 year R.I. with fine of Rs.1,000/- with
default stipulation.
3. It is the submission of learned counsel for the petitioner that trial
Court erred in convicting the petitioner and awarding jail sentence
without appreciating the evidence and material available on record. It is
further submitted that petitioner has suffered two months of custody out
of total one years of jail sentence. At present petitioner is 50 years of age
and hearing of revision shall take some time. He has good case on merits.
Fine amount has already been deposited. He undertakes to abide by the
terms and conditions as imposed by this Court. Hence, bail /suspension
may be granted to the petitioner.
4. Learned Public Prosecutor for respondent/State opposed the
prayer and prayed for dismissal.
5. Heard the counsel for the parties at length and considered the
arguments advanced by them.
6. Considering the submissions and the arguments advanced by
counsel for the parties, without commenting on the merits of the case as
there is no possibility of early hearing of this criminal revision before
this Court, hence, I.A. No.9526/2024 is allowed. The order dated
29.04.2024 passed in Criminal Appeal No.28/2022 by learned 6 th
Additional Sessions Judge, District Gwalior is stayed till final disposal
of this revision. Petitioner be released on bail on furnishing a 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,
petitioner's jail sentence shall remain suspended till disposal of this
revision. Petitioner is further directed to remain present before the
Registry of this Court on 29.08.2024 and, thereafter, on such subsequent
dates as may be fixed by the Registry.
7. A copy of this order be sent to the trial Court concerned for
compliance and information.
8. Certified copy as per rules/directions.
9. List the matter for final hearing in due course.
(DWARKA DHESH BANSAL)
V. JUDGE
Ashish*
ASHISH
CHAURASIA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR,
2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de
08c6bb9303e52e2e7e728d9bac85bd3,
postalCode=474001, st=Madhya Pradesh,
serialNumber=A926F3CBF979ECA6A4C477577EED
BA3AB4F94593A930B98DAE1B0AD16F90B5FD,
cn=ASHISH CHAURASIA
Date: 2024.06.06 23:06:38 -07'00'
