Madhya Pradesh High Court
Padam Singh @ Padama vs The State Of Madhya Pradesh on 29 May, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2475 of 2024
(PADAM SINGH @ PADAMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-05-2024
Mr. Puran Kumar Kulshreshtha - Advocate for the petitioners.
Mr. P. Tanwar - Panel Lawyer for the respondent - State.
The revision, being arguable, is admitted for final hearing.
Heard on I.A.No.10110 of 2024, which is first application under
Section 397 (1) of CrPC for suspension of jail sentence and grant of bail to the
petitioners.
This Criminal Revision assails the judgment dated 14.5.2024 passed by
the Second Additional Sessions Judge, Sabalgarh, District Morena (M.P.) in
Cr.A. No.241/2022, whereby the judgment dated 23.11.2022 passed in Criminal
C a s e No.300789/2011 by JMFC, Sabalgarh, District Morena (M.P.) was
partially affirmed and petitioner No. 1 Padam Singh has been convicted and
sentenced under Section 323 of IPC (three counts) to undergo rigorous
imprisonment of three months with fine of Rs.250/- (for each count) and
petitioner No. 2 - Raju has been convicted and sentenced under Section 324 of
IPC to undergo rigorous imprisonment of six months with fine of Rs.250/- and
under Section 323 of IPC (three counts) to undergo rigorous imprisonment of
three months with fine of Rs.250/- (for each count), with default stipulations.
Learned counsel for the petitioners submitted that both the courts below
h a v e 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 petitioners
were on bail during trial as well as during appeal and never misused the liberty
so granted. 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.10110 of 2024) is allowed.
I t is directed that the petitioners 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 14.10.2024 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
