MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard o n IA.9435/20223, first application under Sec. 397(1) of Cr.P.C. moved on behalf of petitioners, namely, Mukesh Jatav, Raghuveer Jatav, Chironji Jatav for suspension of sentence and grant of bail.

(2.) The petitioners stand convicted under Sec. 323 (two counts) with Sec. 34 of the IPC and sentenced to undergo imprisonment for 3-3 months each with a fine of Rs.100.00100/- each with default stipulation vide judgment of conviction and order of sentence dtd. 30/9/2022 passed by Judicial Magistrate First Class, Pohri, District Shivpuri (M.P.) in Criminal Case No.447/2020, which on being challenged in appeal preferred there against has been confirmed by Sessions Judge, Shivpuri (M.P.) vide judgment dtd. 22/5/2023 passed in Criminal Appeal No.328/2022.

(3.) Learned counsel for the petitioners submits that the petitioner are innocent and they have not committed the crime as alleged. The petitioners have been in judicial custody. It is submitted that learned Courts below have not properly appreciated the evidence and committed error in convicting the petitioners. Disposal of revision will take time. Under such circumstances, prayer is made for extending the benefit of suspension of sentence and grant of bail to the present etitioners on such terms and conditions this Court deems fit and proper.