Surati Bai & Anr. vs State of Madhya Pradesh

This Criminal Revision is preferred against judgment dated 17/05/2018 passed by 2nd Additional Sessions Judge, Kukshi, Distrcit Dhar in Cr.A.

No.26/2015, whereby the judgment dated 15/12/2014 passed in Criminal Case No.291/2012 has been affirmed.

Heard on I.A. No.4123/2018 and 4122/2018, applications for early hearing and hearing during vacation, respectively.

On due consideration, I.A. Nos.4123/2018 and 4122/2018 stands allowed and disposed of.

Heard on I.A. No.4124/2018 an application under Section 397(1) of the Code of Criminal Procedure, 1973 for suspension of custodial sentence of

applicants Surati Bai and Sadiya.

Each of the applicants has been found guilty for offence punishable under Sections 325/34 of IPC and sentenced to undergo 1 year R.I with a fine of

Rs.1,000/- and usual default stipulation.

It is submitted by the learned counsel for the applicant that the trial Court so also the appellate Court has committed error in convicting the applicants

and therefore, the correctness of the findings has been challenged. It is further submitted that the revision is likely to take sufficient time in its final

disposal and if the custodial sentence is not suspended, then the revision petition shall be rendered infructuous.

Learned Public Prosecutor opposes the application, submitting that no sufficient ground is made out for releasing the applicant on bail, hence the

application filed by the applicants be dismissed.

This Court, after carefully going through the record and after hearing learned counsel for the applicant, is of the considered opinion that the application

for suspension of custodial sentence deserves to be allowed.

Accordingly, I.A. No.4124/2018 is allowed and it is directed that on furnishing personal bond by each of the applicants in the sum of Rs.50,000/-

(Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before

this Court, the execution of custodial part of the sentence imposed against the applicants shall remain suspended, till the final disposal of this revision

petition.

The applicants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 06/08/2018 and on all such subsequent

dates, which are fixed in this regard by the registry.

Record of the lower Court be requisitioned.

List the revision on the question of admission after four weeks.

Certified copy as per rules.