Madhya Pradesh High Court
Govind vs The State Of Madhya Pradesh on 8 March, 2017
1
Cr.R. No.396/2015
(Govind Vs. State of M.P.)
08.03.2017
Shri Rajeev Sharma, counsel for the petitioners.
Ms Sudha Shrivastava, Panel Lawyer, for the
respondent/State.
This Criminal revision assails the judgment dated 24.02.2016 passed in Appeal No. 120/2012 passed by Additional Sessions Judge , Distt Vidisha whereby the petitioners have been convicted of 380 and 457 of IPC and sentenced to suffer three years R.I. With a fine of Rs.500 in case of each of the petitioners.
Learned counsel for petitioners in support of I.A. No. 1403/17, an application for recalling the order dated 26.05.2015 by which the suspension application has been allowed of the petitioner No. 3 - Kanhai contends that the order of suspension passed by this Court on 26.05.2015 could not have been passed in view of judgment passed by this Court in the case of Deepak Sahu Vs. State of M.P. reported in 2012 Part II MPWN as the petitioner was not in custody on 26.05.2015 and was ultimately arrested on 20.07.2016.
In view of the above and the undisputed position of law laid down in the case of Deepak Sahu(supra), I.A. No. 1403/2017 is allowed. The order dated 26.05.2015 which relates to the petitioner no.3- Kanhai is recalled.
Also heard on I.A. No. 1404/2017, which is an application moved on behalf of the petitioner no.3 - Kanhai under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail Learned Panel Lawyer opposed the application and prayed for its rejection.
I.A.No.1404/2017 is taken up, considered and allowed for the reasons that petitioner no.3 has already suffered more than eight months of incarceration against the three years of R.I and there is no possibility of the revision coming up for final hearing 2 Cr.R. No.396/2015 in the near future and the appeal has already been admitted on 13.05.2015.
The execution of remaining jail sentence awarded to petitioner no.3 - Kanhai shall remain suspended during pendency of this revision and he shall be released on bail subject to his depositing the amount of fine and furnishing a personal bond, , in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties of Rs. 50,000/- each to the satisfaction of concerned trial Court for his appearance before the Principal Registrar first on 28 th August, 2017 and on such further dates as may be fixed by Registry.
Records of the courts below is received.
List for hearing in due course.
Certified copy as per rules.
(Sheel Nagu) Judge sh/-