Madhya Pradesh High Court
Dinesh Sharma vs The State Of Madhya Pradesh on 13 June, 2024
1 CRR-2898-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2898 of 2024
(DINESH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-06-2024
Through Video Conferencing.
Shri S.S.Rawat- Advocate for petitioners.
Shri Kuldeep Singh - P.P. for the respondent/State.
Heard on IA No.11677/2024, which is an application for suspension of
sentence under Section 397 (1) read with Section 401 of Cr.P.C. on behalf of
the petitioner No.1- Dinesh Sharma and petitioner No.2- Lallu @ Rajkumar.
Petitioners have been convicted by the Judicial Magistrate First Class,
Ashoknagar vide order dated 15.10.2018 for the offence punishable under
Sections 325/34 (three counts), 324/34 and 323/34 of the IPC and have been
sentenced to undergo for 01 year's RI and 06 months' RI with fine of Rs.1000/-
, Rs. 300/- and Rs.500/- respectively with default stipulations. The order of
conviction and sentence has been affirmed by the Additional Sessions Judge,
District Ashoknagar vide order dated 31.05.2024 passed in CRA No.122/2018
and the appeal has been dismissed.
As per prosecution story, allegation against the revision petitioners is that
petitioners caused injury by means of marpeet to the complainant party.
Learned counsel for the petitioners submits that petitioners are an
innocent persons and have been falsely implicated in the offence. They have no
criminal past. Petitioners have been awarded short sentence of only one year.
There are material contradictions and omissions in the statement of witnesses.
Looking to the old pendency of the cases for consideration, final conclusion of
this revision would take sufficient long time. Hence, the execution of remaining
2 CRR-2898-2024
part of the jail sentence of the petitioners be suspended till the final disposal of
this revision.
On the other hand, learned Public Prosecutor appearing for the
respondent/ State opposes the prayer.
Heard learned counsel for the parties and perused the impugned
judgments.
Looking the facts and circumstances of the case, nature and gravity of
offence and also looking to the fact that petitioners have no criminal antecedent;
no prior conviction has been proved and final conclusion of the revision will
also take sufficient long time. In the considered view of this Court, it is proper
to suspend the remaining custodial sentence of the petitioners.
Accordingly, I.A.No.11677/2024 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited and subject to
furnishing personal bond by the petitioners in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) each with one solvent surety in the like amount to the
satisfaction of the trial Court for their appearance before the Registry of this
Court on 09/09/2024 and on all other subsequent dates, as may be fixed by the
Registry in this behalf, the execution of remaining jail sentence of the petitioners
shall remain suspended, till the final disposal of this revision.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
V. JUDGE
Rashid
