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Judgment
9 paragraphs · 388 wordsRohit Arya, J
Heard o n IA.9435/20223, first application under Section 397(1) of Cr.P.C. moved on behalf of petitioners, namely, Mukesh Jatav, Raghuveer Jatav, Chironji Jatav for suspension of sentence and grant of bail.
T he petitioners stand convicted under Section 323 (two counts) with Section 34 of the IPC and sentenced to undergo imprisonment for 3-3 months each with a fine of Rs.100-100/- each with default stipulation vide judgment of conviction and order of sentence dated 30.09.2022 passed by Judicial Magistrate First Class, Pohri, District Shivpuri (M.P.) in Criminal Case
No.447/2020, which on being challenged in appeal preferred there against has been confirmed by Sessions Judge, Shivpuri (M.P.) vide judgment dated 22.05.2023 passed in Criminal Appeal No.328/2022.
Learned counsel for the petitioners submits that the petitioner are innocent and they have not committed the crime as alleged. The petitioners have been in judicial custody. It is submitted that learned Courts below have not properly appreciated the evidence and committed error in convicting the petitioners. Disposal of revision will take time. Under such circumstances, prayer is made for extending the benefit of suspension of sentence and grant of bail to the present etitioners on such terms and conditions this Court deems fit and proper.
Per contra, learned Public Prosecutor opposed the application for suspension of sentence and grant of bail and prayed for its rejection.
Upon hearing learned counsel for the parties, but without commenting upon rival contentions touching merits of the case, regard being had to the fact that disposal of revision will take time and that the petitioners are in custody, IA.9435/2023, is allowed. It is directed that the jail sentence of the petitioners shall remain suspended and they be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court subject to deposit of the fine amount, (if not already deposited). The petitioners are directed to appear before the Registry of this Court first on 10.07.2023 and on other dates as may be fixed in this behalf by the Registry till final disposal of the present revision with following further conditions.
Registry directed to send an copy of this order to the Court concerned for necessary compliance.
Accordingly, the IA.9435/2023 stands disposed of.