Jagdish And Others vs State Of Madhya Pradesh

Anil Verma, J

Heard on I.A.No.14076/2023, which is first application under Section 397 of Cr.P.C. for grant of bail and suspension of remaining jail sentence.

The petitioners No.1 - Jagdish, No.2 - Gopal and No.3 – Kalu have been convicted under Sections 342 of IPC and sentenced to undergo imprisonment till rising of the Court, with fine of Rs.100/- each; under Section 323/34(02 Counts) of I.P.C. sentenced to undergo imprisonment till rising of the Court with fine of Rs. 100/- each and under Section 325/34(02 Counts) of IPC sentenced to imprisonment for 1 year RI each with fine of Rs.200/- each with default stipulation.

Learned counsel for the petitioners submit that the petitioners are innocent persons and have been falsely implicated in this matter. The petitioners are in custody since 04.09.2023 i.e. from the date of judgment passed by the learned trial Court. He further submitted that during trial, the petitioners were on bail, but they did not misuse the liberty granted to them. Further, there are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this revision would take sufficient long time. There is a strong case in favour of the petitioners. Hence, the execution of the remaining part of the jail sentence of the petitioners be suspended till the final disposal of this revision.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the petitioners and also taking note of the fact that petitioners were on bail during the trial and they have not misused the liberty granted to them and final conclusion of the revision will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find that it is to be a fit case to suspend the remaining custodial sentence of the petitioners.

Accordingly, I.A.No.14076/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the petitioners in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety each in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the petitioners shall remain suspended, till final disposal of this revision.

The petitioners after being enlarged on bail shall mark their presence before the Registry of this Court on 11.01.2024 and on all such subsequent dates, which are fixed in this behalf.

Let record of the Courts below be requisitioned.