Sahablal And Others vs State Of Madhya Pradesh

Records of the Courts below have been received.

Heard on the  question of admission as  well  as  on I.A.No. 3596/2020, which is an application for suspension of sentence and grant of bail to the applicants.

The revision is admitted for final hearing.

The revision has been preferred under Section 397/401 of the Cr.P.C.,  1973 by the applicants  against  impugned judgment  dated 10.02.2020 in Cr.A.No.303/2015 passed by learned 3rd A.S.J. Multai, Distt.-Betul M.P., arising out of judgment and findings dated 10.09.2015 passed in RCT No. 308/2012 passed by learned JMFC, Multai, Distt.-Betul, M.P. whereby the learned Trial Court has convicted applicants for the  offence punishable under Section 325/34 of IPC and have been sentenced to undergo R.I. for 01-01 years with a fine of Rs. 500/- 500/-to each with default stipulation to each and the learned Sessions Court affirmed the judgment passed by the learned Trial Court.

Prosecution story in short is that complainant-Amarchand was seated in his field, the applicants came there, started abusing him and committed marpeet also due to which complainant sustained injuries on his body. Thereafter, a complaint was lodged and on the basis of the report, the aforesaid offence has been registered against the present applicants.

Learned counsel for the applicants submits that the applicants are in jail since 10.02.2020 and were on bail during trial. He further submits that the applicants are not previously convicted. They are the first offender and hence there is probability to get benefit under the Probation of Offenders Act to the applicants. The other co-accused have already been acquitted by the learned trial court for the same offence. The charge-sheet has already been filed. He further submits that there are material contradictions and omissions in the evidence of the witnesses. There are fair chances to succeed in the case. Final hearing of this revision will take time. Therefore, the application filed on behalf of the applicants may be allowed and period of their remaining jail sentence may be suspended further and they may be released on bail.

Learned counsel for the respondent/State has opposed the application.

After hearing rival submissions of learned counsel for the parties, looking to the circumstances and facts that the applicants-accused are in jail since 10.02.2020, there are material contradiction and omissions in the statement of the witnesses, this revision is of year 2020 and will take time for its final disposal but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicants and grant bail to them.

Consequently, I.A.No. 3596/2020 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicants shall remain suspended during the pendency of this revision.

Applicanst-Sahablal & Babulal be released from custody subject to their furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the Trial Court. The applicants shall appear and mark their presence before Trial Court on 15.06.2020 and shall continue to do so on all such future dates, as may be given in this behalf, during the pendency of the matter.

List this matter for final hearing in due course.

C.C. as per rules.