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Judgment
25 paragraphs · 409 wordsHeard on IA No.4031/2020, which is an application for suspension of sentence of the applicants.
The present revision is arising out of the judgment dated 15.10.2019 passed by Judicial Magistrate First Class, Rajgarh in criminal case No.1470/2016.
The revision is also arising out of the judgment passed by the First Additional Sessions Judge, Rajgarh, Distt.-Rajgarh in Criminal Appeal No.185/2019
decided on 19.06.2020.
The applicants have been held guilty for an offence punishable under Section 332 of IPC and have been sentenced to undergo one year RI along with
fine of Rs.3000/-
Learned counsel for the applicants has argued before this Court that the applicants are innocent persons. It has been further stated that there are lot
of contradictions and omissions in the evidence and they have been overlooked by the court below. It has been further stated that the applicants have
been falsely implicated in the crime and final hearing of the revision will take a long time. It has been further stated that the applicants were on bail
during trial and they have not misused the liberty granted to them and there is every possibility of their acquittal. It is prayed that the application for
suspension of sentence be allowed and the applicants be released on bail.
Learned counsel for the respondents/State has opposed the bail application and prayed for its dismissal.
This Court after hearing the learned counsel for the parties is of the opinion that the application for suspension of sentence deserves to be allowed.
Accordingly, I.A. No.4031/2020 stands allowed. The jail sentence awarded to the applicants shall remain suspended and they be released on bail on
their depositing the fine amount and furnishing personal bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) each with one surety each in the like
amount to the satisfaction of the trial court for their appearance before the Office / Registry of this Court on 04.12.2020 and on such other dates as
may be fixed in this behalf.
Criminal revision is admitted for final hearing.
Let the record be requisitioned.
List the same in due course.
Certified copy as per rules.
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.
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