Bhagwan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 28093 MP

Madhya Pradesh High Court

Bhagwan Singh vs The State Of Madhya Pradesh on 4 October, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1                               CRR-4590-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRR No. 4590 of 2024
                                       (BHAGWAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 04-10-2024
                                 Mr. Rajmani Bansal - Advocate for the petitioners.

                                 Mr. Harish Sharma - P.P. for respondent/State.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is admitted for final hearing.

Heard on I.A. No. 19456/2024, which is First application for suspension of sentence and grant of bail filed on behalf of the petitioners.

This criminal revision under Section 397 read with Section 401 of CR.P.C. is preferred by the petitioners challenging the judgment of conviction and order of sentence dated 30.08.2024 passed by II Additional Sessions Judge, Guna (M.P.) affirming the judgment of conviction and sentence dated 04.08.2022 passed in RCT No.859/2016 by Judicial Magistrate, First Class, Raghogarh, Dist. Guna (M.P.) whereby, petitioners have been convicted and sentenced under Sections 452, 354, 323/34 of IPC

to undergo maximum one year RI with maximum fine of Rs. 1000/- with default stipulation.

Learned counsel for the petitioners argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that there are material contradictions and omissions in the statement of prosecution witnesses. The petitioners were on bail during trial

2 CRR-4590-2024 and never misused the liberty so granted to him. They have already suffered almost two months incarceration out of total jail sentence. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioners 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. 19456/2024) 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 18.12.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

Certified copy/e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)