LAWS(MPH)-2019-7-69

SARLA DEVI Vs. STATE OF M.P.

Decided On July 25, 2019
SARLA DEVI Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This criminal revision has been preferred under Section 397/401 of CrPC, against the order and judgment dated 4.4.2019, passed by Twelfth Additional Sessions Judge, Gwalior in Criminal Appeal No. 294/2017, confirming the judgment of conviction dated 21.4.2017 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 10348/2011, whereby the petitioners/accused persons have been convicted under Section 498-A of IPC and sentenced to six months RI with fine of Rs.500/- each.

(2.) It is pertinent to mention here that the petitioners along with the revision memo have also filed IA No.3391/2019, which is an application for exemption from surrender before the Court below, and IA No.3392/2019, which is an application under Section 397(1) of CrPC for suspension of petitioners' jail sentence and for grant of bail.

(3.) It is the case of the petitioners that at the time of passing judgment by the Appellate Court on 4.4.2019, the petitioners were absent, therefore, the petitioners filed an application under Section 317 of CrPC but the Appellate Court rejected the application and passed the impugned judgment on 4.4.2019.