Shailendra vs The State Of Madhya Pradesh
2024 Latest Caselaw 15690 MP

Madhya Pradesh High Court

Shailendra 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. 2425 of 2024
                                          (SHAILENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-05-2024
                                 Mr. Sameer Kumar Shrivastava - Advocate for the petitioners.

                                 Mr. Anil Shukla - Public Prosecutor for respondent/State.

Admit.

Heard on I.A.No. 9951 of 2024, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioners.

The revision has been preferred by the petitioner under Section 397 r.w.

401 of the Cr.P.C. against the impugned judgment dated 06.05.2024 in Cr.A.No. 04/2023 passed by Second Additional Sessions Judge Dabra, District Gwalior (M.P.) affirming the judgment of conviction and sentence dated 23.12.2022 passed in RCT No.130/2016 by Judicial Magistrate First Class, Bhitarwar, District Gwalior (M.P.) whereby, the petitioners have been convicted for the offence under Section 147, 332/149 (two counts) and 427 of IPC and sentenced him to undergo maximum one year with maximum fine of Rs.500/- each with default stipulation.

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

wrongly convicted the petitioners without appreciating the materials and evidence available on record. There are material omissions and contradictions in the statement of prosecution witnesses. The petitioners were on bail during trial and never misused the liberty so granted to them. They have already served incarceration about twenty two 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. 9951 of 2024) is allowed. It is directed that the petitioners be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one 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 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*)