Bal Kishan & Another vs State Of Madhya Pradesh

The present Criminal Revision is arising out of order dated 20.01.2016 passed by the Judicial Magistrate, Class - I in Criminal Case No.1291/2012. The present revision is also against the judgment passed by the II Additional Sessions Judge in Criminal Appeal No.88/2016, by which, the II Additional Sessions Judge has affirmed the order passed by the trial Court.

Heard on I.A. No.2219/2020, which is first application under Section 397 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of applicant No.1 - Balkishan S/o Shri Thakur Prasad Meena and applicant No.2 - Maan Singh S/o Shri Kishan.

The present applicants have been convicted under Section 325 of the Indian Penal Code and has been sentenced to undergo three years' rigorous imprisonment along with fine of Rs.10,000/- and with default clause to further undergo 6 months' rigorous imprisonment.

Learned counsel for the applicants has argued before this Court that the complainant came to their house and all of a sudden a fight took place in respect of grazing of the cattle.

It has been stated that the trial Court has erred in law and facts in appreciating the evidence of Parasram (P.W-1) and Mukesh (P.W-2), who is allegedly a eye witnesses, turned hostile. Dwarika Prasad (P.W-3) has stated that he has seen the incident from a distance of 800 feet. Learned counsel has also stated that they are in jail since 02.03.2020.

It has also been argued that there are a lot of contradictions and omissions which the trial Court has ignored and there is every likelihood of his acquittal by this Court. It has also been stated that the applicants are not habitual offender, during the trial they were on bail and have never misused the liberty granted to him.

Learned Government Advocate has opposed the prayer for suspension of sentence and he has read out the relevant portions of judgment before this Court.

This Court, after careful consideration of ground raised in the present revision and also keeping in view the fact that the applicants are in jail since 02.03.2020, they are not the habitual offender and also keeping in view the fact that the final hearing of the revision will take a long time, is of the consideration that the application for suspension of jail sentence (I.A. No.2219/2020) deserves to allowed and is accordingly, allowed.

It is directed that on production of personal bond for Rs.50,000/- (Rupees Fifty Thousand Only) each and one solvent surety each of the like amount to the satisfaction of the trial Court and also on payment of fine, the applicants shall be released on bail for their appearance before the Registry of this Court on 18.12.2020, and thereafter, on each subsequent dates as may be fixed by the Registry of this Court in this behalf.

Let the record be requisitioned.

The present revision is admitted for final hearing.

List the same for final hearing in due course.

It is needless to mention that in case, certified copy is not available due to some technical reason, the order uploaded on the website of the High Court shall be treated as certified copy for all purposes and the counsel shall be free to obtain certified copy later on as and when facilities are made available to him.