Madhya Pradesh High Court
Devendra @ Disco vs The State Of Madhya Pradesh on 5 September, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 3701 of 2023
(DEVENDRA @ DISCO AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 05-09-2023
Mr. F.A. Shah- Advocate for the petitioners.
Mr. Prabhat Pateriya- Public Prosecutor for the respondent/State.
Record has been received.
The appeal being arguable is admitted for final hearing. Heard on I.A.No.15323/2023 & I.A.No.15303/2023, applications under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioners.
The revision has been preferred by the petitioners under Section 397, 401 o f the Cr.P.C. against the impugned judgment dated 12.08.2023 in Cr.A.No.121/2022 passed by Second Additional Sessions Judge, Datia (M.P.) affirming the judgment of conviction and sentence dated 20.09.2022 passed in Criminal Case No.79/2018 by Judicial Magistrate, First Class, Bhander, District Datia (M.P.) whereby petitioners has been convicted and sentenced under Section 324/34 of IPC to undergo rigorous imprisonment of six months with fine of Rs.1000/-, under Section 323/34 of IPC to undergo rigorous imprisonment of three months with fine of Rs.200/- with default stipulations.
Learned counsel for the petitioners argued that the Courts below have wrongly appreciated the evidence and convicted the petitioners. It is further submitted that earlier the petitioners were granted interim suspension of sentence, however, they did not misuse the liberty so granted. It is submitted that all the injuries caused by hard and blunt object, however, the petitioners have been convicted under section 324 of IPC. In these circumstances, so also, Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 06-09-2023 01:31:45 PM 2 there are material contradictions and omissions in the statements of prosecution witnesses, hence, he prayed to suspend the jail sentence of the petitioners looking to the short period of jail sentence and release them on bail.
On the other hand, learned State counsel opposed the application and prayed for rejection of the same.
Considering the facts and circumstances of the case, so also, earlier on 28.08.2023, the sentence of petitioners was temporarily suspended. Now the order of suspension is made confirmed and absolute and the sentence of petitioners shall remain suspended on the personal bond of Rs.25,000/- as already furnished by the petitioners before the trial Court.
The petitioners shall appear before the Office of this Court on 12.12.2023 and other dates as may be fixed by this Office in this regard from time to time.
List the revision for final hearing in due course. Certified copy as per rules.
(SUNITA YADAV) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 06-09-2023 01:31:45 PM