Madhya Pradesh High Court
Ashik @ Santosh vs The State Of Madhya Pradesh on 9 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2044 of 2024
(ASHIK @ SANTOSH Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2024
Shri Anand Kumar Dubey- Advocate for the petitioner.
Shri Ramadhar Choubey - Public Prosecutor for the respondent/State.
Heard on admission.
2. Admit.
3. Record has already been received.
4. Also heard on I.A.No.8776/2024, an application under Section 5 of
Limitation Act is taken up, considered and allowed for the reasons mentioned
therein.
5. Delay of 698 days in filing this appeal is hereby condoned.
6. Also heard on I.A.No.8553 of 2024, first application under Section
397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the
petitioner.
7. This revision is preferred by the petitioner/accused challenging the
judgment dated 27.09.2021 passed by First Additional Sessions Judge, Dabra,
District Gwalior in Criminal Appeal No.73/2018, whereby the Appellate Court
has dismissed the appeal filed by the present petitioner challenging the judgment
of conviction and sentence dated 13.10.2018 passed by Judicial Magistrate First
Class, Dabra, District Gwalior (M.P.) in Criminal Case RCT No.180/2015,
whereby petitioner has been convicted under section 224 of IPC and sentenced
to undergo rigorous imprisonment of six months with fine of Rs.200/- with
default stipulation.
8. Petitioner so far has suffered incarceration of 47 days as stated by the
learned counsel for the petitioner.
9. Learned counsel for the petitioner while taking exception to the
impugned judgment of conviction and order of sentence submits that the
Session Court has not appreciated the evidence placed on record in correct
perspective. The judgment suffers from surmises and conjectures. The
petitioner has falsely been implicated in the instant case. It is further submitted
that petitioner is in custody since 23.03.2024. Final hearing of this revision is
not possible in near future. On these grounds, it has been prayed that the
petitioner may be extended the benefit of suspension of sentence and grant of
bail.
10. Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present petitioners.
11. Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the obtaining facts and circumstances of the case and
the revision which is of the year 2024 is not likely to be decided in the near
future, this Court is of the view that petitioners are entitled to the benefit of
suspension of sentence and grant of bail.
12. Accordingly, I.A. No.8553 of 2024 stands allowed and it is directed
that the jail sentence of petitioner shall remain suspended during pendency of
the revision and he shall be released on bail subject to verification of the factum
of depositing the fine amount and on his furnishing a personal bond in the sum
of Rs.60,000/- (Rupees Sixty Thousand only) with two solvent sureties in the
like amount to the satisfaction of the concerned trial Court.
13. Petitioner is directed to appear before the Registry of this Court first on
23.09.2024 and on other subsequent dates as may be fixed in this behalf.
14. Accordingly, the IA stands allowed and disposed of.
15. Observation on facts, if any, are only for the purpose of deciding the
instant IA and shall have no bearing on the merits of revision.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
Monika
