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Judgment
12 paragraphs · 384 wordsSanjeev S Kalgaonkar, J
Heard on the question admission.
Being arguable, this revision is admitted for final hearing.
Heard on IA No. 14898 of 2023, which is an application under Section 397(1) of CrPC 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 CrPC has been filed against the judgment and sentence dated 03.08.2023 passed by First Additional Sessions Judge, Morena in Cr.A. No. 235/2022, whereby confirming the judgment and conviction dated 26.11.2022 passed by Judicial Magistrate First Class, Morena (M.P.) in RCT No.2218/2010 by which the petitioner has been convicted under Section 332 of IPC and sentenced to undergo RI of six months.
Learned Counsel for the petitioner submits that the learned Appellate Court did not appreciate the evidence in proper perspective. Further, the learned Appellate Court did not properly consider the contentions raised in the appeal. Petitioner is in jail from the date of judgment. There is no likelihood of early hearing of revision in near future. No criminal antecedents is reported against the revision petitioner. On these grounds, learned Counsel prays that execution of remaining jail sentence of petitioner may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent/State opposes the application and prays for rejection of suspension of sentence and grant of bail.
Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of petitioner- Asharam Taigore shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 30/10/2023 and on further dates as may be directed by the Registry in that regard.
Accordingly, I.A. No. 14898 of 2023 stands allowed and disposed of.
List for final hearing in due course.
Let record of the Courts below be requisitioned.
Certified copy as per rules.