Citation : 2024 Latest Caselaw 15017 MP
Judgement Date : 20 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 1909 of 2024
(BHUPENDRA SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 20-05-2024
Shri Ayush Chourasia - Advocate for the petitioner.
Shri VPS Tomar - Panel Lawyer for respondent/State.
Heard on I.A.No. 8103 of 2024, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioner.
The revision has been preferred by the petitioner under Section 397 r.w. 401 of the Cr.P.C. against the impugned judgment dated 16.04.2024 in
Cr.A.No.31/2020 passed by First Additional Sessions Judge, Ashoknagar (M.P.) affirming the judgment of conviction and sentence dated 12.03.2020 passed in Case No.1295/14 by Judicial Magistrate First Class, Ashoknagar (M.P.) whereby, the petitioner has been convicted for the offence under Section 14 of M.P. Rajya Surkasha Adhiniyam and sentenced him to undergo maximum six months with maximum fine of Rs.500/- with default stipulation.
Learned counsel for the petitioner submitted that learned trial Court has wrongly convicted the petitioner without appreciating the evidence properly available on record. Further submission is that there are material omissions and
contradictions in the statements of prosecution witnesses. The petitioner was on bail during trial and never misused the liberty so granted. Therefore, learned counsel for petitioner prays for grant of suspension of sentence and grant of bail.
On the other hand, learned State counsel opposed the application and prayed for its rejection.
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. 8103 of 2024) is allowed. It is directed that the petitioner be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court on 18.09.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.
Certified copy as per rules.
(SUNITA YADAV) JUDGE
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