Kalli@Ramakant Dubey vs The State Of Madhya Pradesh
2024 Latest Caselaw 16440 MP

Madhya Pradesh High Court

Kalli@Ramakant Dubey vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 2470 of 2024
                                    (KALLI@RAMAKANT DUBEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                 Mr. Sanjay Kumar Bahirani - Advocate for the petitioners.

                                 Mr. Alok Sharma - Panel Lawyer for respondent/State.

Admit.

Heard on I.A.No. 10086 of 2024, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioners No. 1 to 4.

The revision has been preferred by the petitioner under Section 397 (1) of the Cr.P.C. against the impugned judgment dated 14.05.2024 in Cr.A.No. 182/2023 passed by Third Additional Sessions Judge Karera, District Shivpuri (M.P.) affirming the judgment of conviction and sentence dated 12.05.2023 passed in RCT No.1530/2017 by Judicial Magistrate First Class, Karera, District Shivpuri (M.P.) whereby, the petitioners stood convicted for the offence under Sections 324 and 323/34 (two counts) of IPC, under Sections 324/34 and 323/34 (two counts), under Sections 324/34 and 323/34 (two counts) of IPC and under Sections 324 and 323/34 (two counts) of IPC and

sentenced them to undergo rigorous imprisonment of six months and three months with fine of Rs.500/-, Rs. 500/- respectively 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. Now the petitioners are in

custody since 14.05.2024. 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 them 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. 10086 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) with one surety in the like amount by each of the petitioners

to the satisfaction of the concerned trial Court. The petitioners shall now appear before the Registry of this Court on 17.10.2024 and on all other dates which may be given by the Office for their 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*)