Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 4 October, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
1 CRR-2680-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2680 of 2024
(RAMBABU Vs THE STATE OF MADHYA PRADESH )
Dated : 04-10-2024
Mr. Rajendra Singh Yadav - Advocate for the petitioner.
Mr. Harish Sharma - P.P for respondent/State.
Heard on I.A. No. 10720 of 2024, an application filed under Section 5
of the Limitation Act for condonation of delay caused in filing of this appeal.
Counsel for the petitioner submits that petitioner is labourer and
illiterate person, he went out of town for the purpose of his livelihood, in
such circumstances, aforesaid application may be allowed.
Considering the aforesaid reasons, the application is allowed and the
delay caused in filing of this revision is hereby condoned.
Heard on I.A. No. 10718/2024, which is First application for
suspension of sentence and grant of bail filed on behalf of the petitioner.
This criminal revision under Section 397 read with Section 401 of
CR.P.C. is preferred by the petitioner challenging the judgment of conviction
and order of sentence dated 05.04.2022 passed by Additional Sessions Judge,
Pichhore, Dist. Shivpuri (M.P.) affirming the judgment of conviction and
sentence dated 02.09.2016 passed in Criminal Case No.542/2011 by Judicial
Magistrate, First Class, Khaniyadhana, Dist. Shivpuri (M.P.) whereby,
petitioner has been convicted and sentenced under Section 354 and 323 of
IPC to undergo maximum one year RI with maximum fine of Rs. 1,000/-
with default stipulation.
2 CRR-2680-2024
Learned counsel for the petitioner 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 petitioner was on bail during trial
and never misused the liberty so granted to him. He has already suffered six
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 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.
10718/2024) is allowed. It is directed that the petitioner be released on bail
on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty
Thousand Only) with one surety in the like amount to the satisfaction of the
concerned trial Court. The petitioner shall now appear before the Registry of
this Court on 09.12.2024 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
3 CRR-2680-2024
(LJ*)
