Kashi Ram vs The State Of Madhya Pradesh
2021 Latest Caselaw 8543 MP

                                                                     1                             CRR-2511-2021
                                           The High Court Of Madhya Pradesh
                                                    CRR No. 2511 of 2021
                                                      (KASHI RAM Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 09-12-2021
                                        Shri Sachin Tiwari, learned counsel for the applicant.

                                        Shri     Pushpendra     Verma,     learned    Panel    Lawyer   for   the
                                  respondent/State.

Record of the trial court has been received. Heard on admission.

Admit.

A ls o heard on I.A. No18097/2021, which is an application for suspension of sentence and grant of bail filed on behalf of the applicant- Kashiram.

This criminal revision has been filed by the applicant being aggrieved of the judgment dated 13/03/2020 passed by Judicial Magistrate First Class, Hata, Distt. Damoh convicting the appellant under Section 25(1-b)(b) of the Arms Act and sentencing him to undergo one year RI along with fine of Rs.1,000/-, in default of payment of fine, further simple imprisonment of one

month.

This judgment has been affirmed by learned 2nd Additional Sessions Judge, Hata, Distt. Damoh in Criminal Appeal No.11/2020 vide judgment dated 29/09/2021.

Applicant's contention is that he is in custody since 29/09/2021. It is also submitted that independent witnesses of seizure and arrest have not supported the prosecution case and conviction has been recorded on the testimony of I.O. There are good chances of success in revision, therefore, jail sentence of the appellant may be suspended.

Learned counsel for the respondent opposes the application for suspension of sentence.

Having heard the contentions of learned counsel for the parties and on perusal of the record, I.A. No18097/2021 is allowed.

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.12.10 14:25:47 IST 2 CRR-2511-2021 Iit is ordered that subjected to deposit of fine amount, if not already deposited, execution of the jail sentence of applicant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two solvent sureties each in the like amount to the satisfaction of the Judicial Magistrate First Class, Hata, Distt. Damoh for his

appearance before the said Court on 31.3.2022 and thereafter, on all such subsequent dates as may be fixed by that Court during the pendency of this revision.

In case, applicant is found absent on any date fixed by the trial Court then the said trial Court shall be free to issue and execute warrant of arrest without referring the matter to this court, provided the Registry of this court is kept informed.

List the case for final hearing as per its turn. C.C. as per rules.

(VIVEK AGARWAL) JUDGE

ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.12.10 14:25:47 IST