Ravi vs The State Of Madhya Pradesh
2024 Latest Caselaw 27722 MP

Madhya Pradesh High Court

Ravi vs The State Of Madhya Pradesh on 3 October, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1                                CRR-4752-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRR No. 4752 of 2024
                                            (RAVI AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 03-10-2024
                                 Shri Nitin Sharma - Advocate for the petitioners.

                                 Shri Rajendra Singh Yadav - Public Prosecutor for respondent/State.

Heard on the question of admission.

The revision, being arguable, is admitted for final hearing. Also heard on I.A.No. 20279 of 2024 , which is first application under

Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioners.

This criminal revision under Section 397, 401 of Cr.P.C. assails the judgment dated 13.09.2024 passed by the Sixth Additional Sessions Judge, District - Guna (M.P.) in Criminal Appeal No.325/2022, affirming the judgment of conviction and sentence dated 19.09.2022 passed by the JMFC, District - Guna in Criminal Appeal No.1303832/2015 and convicting the petitioners under Sections 457 and 380 of IPC and sentencing to undergo rigorous imprisonment of two years with fine of Rs.500/- each with default stipulation.

Learned counsel for the petitioners argued that learned courts below have

wrongly convicted the petitioners ignoring the materials available on record. It is further argued that petitioners have served incarceration about two months out of total jail sentence. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that present revision is likely to take long time to come up for final hearing, he prays for suspension of jail sentence of the petitioners and grant of bail to them.

2 CRR-4752-2024 Per contra, learned Public Prosecutor for the respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.20279/2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on the petitioners furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the petitioners shall remain suspended and they be released on bail. They are further directed to mark their appearance before the Office of this Court on 12.12.2024

and on subsequent dates given by the Office in this regard, till final disposal of this revision.

List the case for final hearing in due course .

A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AK/-