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Judgment
9 paragraphs · 354 wordsRajeev Kumar Shrivastava, J
Heard on I.A.No. 31773/2021, first application under Section 397 (1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.
This criminal revision has been filed against the judgment dated 09/11/2021 passed by Second Additional Sessions Judge, Dabra, District Gwalior in Criminal Appeal No. 04/2017 affirming the judgment of conviction and sentence dated 09/12/2016 passed by Judicial Magistrate First Class, Bhitarwar, District Gwalior in RCT No. 200195/2010, by which the petitioners have been convicted under Sections 325/149, 341 and 148 of IPC and has been sentenced to undergo rigorous imprisonment of six months with fine of Rs.200/-, fine of Rs.200/- and fine of Rs.500/- respectively with default stipulation.
It is submitted by learned counsel for the petitioners Naresh, Rakesh, Shivdayal, Dindayal, Mukesh and Murarilal that the petitioners have been wrongly convicted by the appellate Court as well as by the trial Court. Petitioners are in custody and there is no possibility of final hearing of this revision in near future. Hence, prays to suspend the jail sentence of the petitioners looking to the short period of jail sentence.
Counsel for the State vehemently opposed the prayer and prayed to reject the application for suspension of sentence.
Heard learned counsel for the parties through video conferencing and perused the materials available on record.
Looking to the short period of jail sentence, without commenting on merits of the case, the application (I.A. No. 31773/2021) is allowed and the remaining jail sentence of the petitioners is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioners shall be released on bail on each of them furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioners are further directed to mark their appearance before the Office of this Court on 10/1/2022 and on subsequent dates given by the Office in this regard, till final disposal of this revision.
E- copy of this order be sent to the Court below concerned for compliance.
Certified copy/ e-copy as per rules/directions.