Rakesh Kumar vs State Of Madhya Pradesh

Sanjay Dwivedi, J

Heard on the question of admission.

Perused the impugned judgment.

Revision appears to be arguable, therefore, it is admitted for final hearing.

Record of the Courts below be also called for.

Also heard on I.A. No.12029/2024, which is an application for suspension of sentence and grant of bail to the applicant.

This revision is against the judgment dated 03.05.2024 passed in Criminal Appeal No.04/2023 by the Court of XIX Additional Sessions Judge, Gwalior, whereby the judgment of conviction passed by the trial Court under Sections 148, 341, 332/149 of the Indian Penal Code passed in M.C.P.P.M. No. 25/2022 has been affirmed by the appellate Court. By the judgment passed by the trial Court, the present applicant has been convicted for the offence punishable under Sections 148, 341 and 332/149 of IPC and sentenced thereunder to suffer R.I. for two years, S.I. for one month and R.I. for two years respectively with fine of Rs.500/- (on two counts) and Rs.6000/- respectively with default stipulations.

Learned counsel for the applicant submits that the present applicant is in jail. He submits that only four persons have been convicted and there was a mob doing dharna-pradarshan and the police come over there and in the said agitation, it is alleged that force has been used by the present applicant along with others against the police officicals and also caused some injuries to them. He submits that it was the mob doing agitation and though there was no specific identification about the present applicant but on the aid of Section 149 of IPC, he has been convicted. He further submits that the applicant is ready to abide by the conditions imposed by the Court, if bail is granted to him. He further submits that the final hearing of the revision will take a long time and if the applicant remains in jail, the purpose of filing this revision would be frustrated.

On the other hand, learned Government Advocate has opposed the application for suspension of sentence and prayed for its rejection.

Considering the aforesaid and taking note of period of sentence awarded to the applicant, I am inclined to consider and allow the application. Accordingly, without commenting anything on the merits of the case, I.A. No.12029/2024 is allowed.

It is directed that on applicant's depositing the entire fine amount, if not deposited, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the registry of this Court on 12.08.2024 and on such other dates as may be fixed by it in this regard.

Certified copy as per rules.