Amolsingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 14148 MP

Madhya Pradesh High Court

Amolsingh vs The State Of Madhya Pradesh on 14 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRR No. 1766 of 2024
                                         (AMOLSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-05-2024
                                 Mr. Saket Chhiroliya - Advocate for the petitioners.

                                 Mr. Rohit Shrivastava - Panel Lawyer for the respondent - State.

The revision being arguable is admitted for final hearing. Heard on I.A. No. 7520 of 2024, application for stay of the effect and operation of impugned judgment/suspension of jail sentence and grant of bail to the petitioners.

This Criminal Revision assails the judgment dated 05.4.2024 passed by the Additional Sessions Judge, Pichhore, District Shivpuri (M.P.) in Cr.A. No.168/2021, whereby the petitioners have been convicted for the offence under Sections 3/7 of Essential Commodities Act to undergo rigorous imprisonment of three months with fine of Rs.500/-, with default stipulations.

Learned counsel for the petitioners submitted that the court below has wrongly convicted the petitioners without appreciating the evidence properly available on record. There are material omissions and contradictions in the statements of prosecution witnesses. It is further argued that the offence is

bailable in nature. This criminal revision is likely to take long time to come up for final hearing and petitioners have hope and believe that they would succeed in the revision. Under these circumstances, he prayed to suspend the jail sentence of the petitioners looking to the short period of jail sentence.

Per contra, learned counsel for respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available

on record.

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.7520 of 2024) is disposed of.

It is directed that the petitioners - Amol Singh and Hariom be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent 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 17.09.2024 and on all other dates which may be given by the Office for their appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS