Deepak vs The State Of Madhya Pradesh
2021 Latest Caselaw 1668 MP

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                      The High Court of Madhya Pradesh
                                Cra -2679-2021
                   (Deepak & Another Vs. State of M.P.)


Gwalior, dated : 29/04/2021

      Shri Anand Purohit, Advocate for the appellant No.2.

      Shri Atul Sharma, learned Public Prosecutor, for respondent/State.

Learned counsel for the rival parties are heard.

I.A.12052/2021, first application for suspension of sentence moved on

behalf of appellant No.2-Munnalal u/Sec.389(1) Cr.P.C. is taken up and

considered.

This criminal appeal assails the judgment dated 07/04/2021 passed in

Sessions Trial No.13/2017 by 4 th Additional Session Judge, Gwalior, (M.P.),

whereby appellant No.2- Munnalal has been convicted as under : :-

Sections                    Imprisonment              Fine
30 of Arms Act              06 months' R.I.           Rs.500/-       with   default

                                                      stipulation.

Learned counsel for the State opposed the appeal and prayed for its

rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out.

It is submitted by learned counsel for appellant No.2- Munnalal that

sentence of six months against the appellant for the offence found proved

u/S.30 of Arms Act on the basis of the fact that the license of firearm

belonging to appellant was used by co-convicted person with no overt act

against the appellant.

In view of above and looking to the fact that there is no likelihood of

early disposal of the appeal in near future and considering the changed

scenario in view of the Covid-19 pandemic, this Court is inclined to grant bail

to appellant No.2-Munnalal by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

I.A.12052/2021 is allowed and it is directed that the jail sentence of appellant

No.2-Munnalal will remain under suspension subject to verification that the

amount of fine has been deposited, on the appellant's furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the

like amount to the satisfaction of concerned available Magistrate for his

appearance before the concerned available Magistrate on 18/08/2021 and on

such further dates as may be fixed by him which shall be of frequency not less

than once a year.

In case, appellant is found absent on any date fixed by the concerned

Magistrate then the said Magistrate shall be free to issue and execute warrant

of arrest for securing his presence without first referring the matter to this

Court, provided the Registry of this Court is kept informed.

The learned concerned Magistrate and the prosecution are directed to

ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt

during release, travel and residence of the appellant during period of

suspension of sentence as a consequence of this order.

A copy of this order be sent to the Court concerned for information.

C.c as per rules.

(Sheel Nagu) Judge

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AGRAHARI 102395b93dc7fb337059a94, cn=VIPIN KUMAR AGRAHARI Date: 2021.04.30 12:02:38 +05'30'