High CourtsSingle Bench

Komal And Others vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 7 February 2022 · Citation: (2022) 02 MP CK 0047

HON’BLE JUDGES
Anjuli Palo, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 341, 354
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 389 Of 2022
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Judgment

17 paragraphs · 297 words

Anjuli Palo, J

Heard on I.A. No.1966/2022 which is an application for suspension of sentence and grant of bail to the applicants.

The applicants stand convicted by the impugned judgment dated 25.01.2022 passed by learned 2nd Additional Sessions Judge, Waraseoni, district -

Balaghat in Criminal Appeal No.300060/2016 for offences punishable under Sections 354/34 and 341/34 of the Indian Penal Code and have been

sentenced to undergo RI for one year with fine of Rs.200/- and RI for one month, respectively with default stipulation.

Learned counsel for the applicants submits that the applicants are innocent and the impugned judgment passed against them is perverse and illegal.

The disposal of this revision would take considerable time. Therefore, the applicants are entitled to be released on bail after suspension of their

sentence.

Learned Panel Lawyer for the State has vehemently opposed application for suspension of sentence.

Considering the facts and circumstances of the case and the period of sentence awarded on the applicants, without commenting upon the merits of the

case, I.A. No.1966/2022 is allowed. It is directed that on depositing fine amount, if not already deposited, and furnishing a personal bond in the sum of

Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their

appearance before the trial Court on 01.07.2022 and on all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part

of the substantive jail sentence imposed upon applicants, namely, Applicant No.1 - Komal and Applicant No.2- Mahesh @ Vishwanath shall remain

suspended during the pendency of this case and they shall be released on bail.

Let the record of the Courts below be requisitioned.

List the case for final hearing in due course.