Jitendra vs The State Of Madhya Pradesh
2024 Latest Caselaw 15689 MP

Madhya Pradesh High Court

Jitendra vs The State Of Madhya Pradesh on 27 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRR No. 2486 of 2024
                                                (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-05-2024
                                  Mr. Akhlesh Kumar Gupta - Advocate for the petitioner.

                                  Mr. Dinesh Savita - Panel Lawyer for respondent/State.

Admit.

Heard on I.A.No. 10122 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 16.05.2024 in Cr.A.No. 609/2023 passed by First Additional Sessions Judge Gwalior, District Gwalior (M.P.) affirming the judgment of conviction and sentence dated 28.10.2023 passed in RCT No.2139/2016 by Special Railway Magistrate, Gwalior, whereby, the petitioner has been convicted for the offence under Section 160 (2) of Railway Adhiniyam and sentenced him to undergo maximum One Year.

It is submitted by learned counsel for petitioner that the trial Court has

wrongly convicted the petitioner without appreciating the materials and evidence available on record. There are material omissions and contradictions in the statement of prosecution witnesses. The petitioner was on bail during trial and never misused the liberty so granted to him. He has already served incarceration about sixteen days out of total jail sentence of one year. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and

release him on 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. 10122 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 24.09.2024 and on all other dates which may be given by the

Office for his appearance till final disposal of the present case.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)