Madhya Pradesh High Court
Gutru @ Praveen Yadav vs The State Of Madhya Pradesh on 18 June, 2014
Cr.R.No.1060/2014
18/06/2014
Shri Madan Singh, Advocate for the applicants/
accused.
Shri Santosh Yadav, Panel Lawyer for the
respondent/State.
Heard on the question of admission.
The revision being arguable is admitted for final hearing.
Record of the trial court be called for. Also heard on I.A.No.10735/2014 for suspension of sentence and grant of bail to the applicants/accused.
The applicants have filed this Criminal Revision under section 397 of the Cr.P.C. against the judgment dated 27/05/2014 passed by the Court Sessions Judge, Damoh, in Criminal Appeal No. 59/2014 partly modifying the judgment dated 30/01/2014 passed by the Court of Judicial Magistrate First Class, Damoh in Cr. Case No. 466/2014 convicting the accused under section 327/34 of IPC and sentencing him to undergo rigorous imprisonment for one year with fine of Rs.500/- with default stipulation mentioned in the impugned judgment and further affirming the conviction under Section 427 and 341 of IPC and sentencing them to undergo imprisonment for 3 months and one month respectively.
Learned counsel for the applicants submits that the applicants were on bail during the course of trial and they have never misused the liberty of bail granted to them. The applicants have already deposited the amount of fine as imposed by the learned trial Court. Disposal of this revision Cr.R.No.1060/2014 will take time. On these grounds, they prayed for suspension of execution of jail sentence and grant of bail.
Learned Panel Lawyer for the respondent-State opposing the application prays for its rejection.
Considering the facts and circumstances of the case, this application is allowed. Execution of jail sentence only of the applicants shall remain suspended during the pendency of this revision and they be released on bail, on their furnishing personal bond in the sum of Rs.25,000/- each with one solvent surety in the like amount each to the satisfaction of the trial Court for their appearance before the C.J.M. Damoh on 28.8.2014 and thereafter on all other such subsequent dates as may be fixed by the C.J.M. in this regard.
In case, the applicants are found absent on any date fixed by the C.J.M., Damoh, then the said C.J.M. shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.
I.A.No. 10735/2014 stands disposed of. C.C. as per rules.
(M.K. Mudgal ) Judge AKM