THE HIGH COURT OF MADHYA PRADESH
(JITENDRA Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 13-10-2017
Shri G.P.S.Sonegar, learned counsel for the petitioner.
Ms. Swati Ukhale, learned Public Prosecutor for the
Heard on admission.
Learned Government Advocate takes notice.
Record of the Courts below be requisitioned
Further, heard on I.A.No.3091/2017, an application under section
397(1) Cr.P.C., for suspension of execution of the sentence and
grant of bail filed by the petitioners.
This Criminal Revision under sections 397 401 Cr.P.C., is
directed against the judgment of conviction and order of sentence
dated 11/3/17 passed by the appellate Court in Criminal Appeal
No.175/16 confirming the judgment of conviction and order of
sentence dated 12/4/16 passed by the Judicial Magistrate, First
Class, Sarangpur District Rajgarh in Criminal Case No.392/14
whereby of the accused/petitioner has been convicted under
sections 354 IPC and sentenced to suffer one year rigorous
imprisonment with fine of Rs.500/- and under section 452 IPC with
fine of Rs.500/- – with default clause.
The learned counsel for the petitioner submits that petitioner is
innocent and he has been falsely implicated in the offence. The
fine amount has already been deposited. The final hearing of this
petition shall take time. On these grounds, the learned counsel
prays that execution of the jail sentence of the petitioners may be
suspended and he may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application and
prayed for its rejection.
In the opinion of this Court, considering the nature of allegation
and facts and circumstances of the case and on the ground of
parity, without expressing any opinion on merits of the case, I.A.,
is hereby allowed and it is directed that the execution of jail
sentence of the petitioner alone shall remain suspended during
pendency of this revision and he shall be enlarged on bail subject
to furnishing personal bond in the sum of Rs.50,000/- (Rupees
fifty thousand only) with one solvent surety in the like amount
to the satisfaction of the Trial Court and also subject to deposit of
the fine amount (if not already deposited), for his appearance
before the Registry of this Court on 15/11/2017 and on further
dates as may be directed by the Registry in that regard.
Certified copy as per rules.