JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.14076/2023, which is first application under Sec. 397 of Cr.P.C. for grant of bail and suspension of remaining jail sentence.

(2.) The petitioners No.1 - Jagdish, No.2 - Gopal and No.3 'Kalu have been convicted under Ss. 342 of IPC and sentenced to undergo imprisonment till rising of the Court, with fine of Rs.100.00 each; under Sec. 323/34(02 Counts) of I.P.C. sentenced to undergo imprisonment till rising of the Court with fine of Rs.100.00 each and under Sec. 325/34(02 Counts) of IPC sentenced to imprisonment for 1 year RI each with fine of Rs.200.00 each with default stipulation.

(3.) Learned counsel for the petitioners submit that the petitioners are innocent persons and have been falsely implicated in this matter. The petitioners are in custody since 4/9/2023 i.e. from the date of judgment passed by the learned trial Court. He further submitted that during trial, the petitioners were on bail, but they did not misuse the liberty granted to them. Further, there are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this revision would take sufficient long time. There is a strong case in favour of the petitioners. Hence, the execution of the remaining part of the jail sentence of the petitioners be suspended till the final disposal of this revision.