Mohar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8698 MP

                              01                 Cr.A. No.5011/2021

             HIGH COURT OF MADHYA PRADESH
                         Cr.A. No.5011/2021
                  (Mohar Singh vs. State of M.P. )
Gwalior, Dated: 13.12.2021
      Shri T.C. Narwariya, learned counsel for the appellant.
      Shri Manish Nayak, learned Panel Lawyer for respondent/State.

I.A. 32321/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A.No.28858/2021, first application under Section 389 (1) of Cr.P.C. moved on behalf of appellant Mohar Singh for suspension of his jail sentence.

This criminal appeal has been filed against the judgment dated 11/08/2021 passed by Special Judge (Dacoity), Bhind (M.P.) in SC (DOCT) No.13/2017, whereby appellant has been convicted and sentenced under Section 25(1-b)(a) of Arms Act for 3 years RI with fine of Rs.2,000/- and under Section 11/13 of MPDVPK Act for 5 years RI with fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant has submitted that this is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of the appellant. Appellant is in custody for around four months. It is further submitted that no case is made out against the appellant under Section 11/13 of MPDVPK Act as there is no allegation of commission of any loot or robbery. It is also submitted that although fire arms have been recovered from the possession of present appellant Mohar Singh, who is sitting on the motorcycle. But the co-accused Mansingh Kushwah was the driver of the vehicle in question and the appellant has not committed any alleged offence, therefore no case is made out against him. Learned counsel for the appellant further submits that the witnesses relating to recovery have been turned hostile before the trial Court and remaining 3 witnesses are police authorities. It is further submitted

that co-accused Mansingh Kushwah has been granted bail by this Court vide order dated 15.09.2021 passed in Cr.A. No.5043/2021. Appellant is ready to abide by any condition which may be imposed by this Court. Hence, learned counsel prays to suspend the jail sentence of appellant.

Learned State counsel has opposed the application and submitted that no case for suspension of jail sentence of the appellant is made-out, therefore, prays for rejection of this application filed for suspension of jail sentence of the appellant.

Heard learned counsel for the parties and perused the material documents available on record.

Considering the facts and circumstances of the case and the fact that co-accused has been granted bail by this Court, without commenting on merits of the case, I.A.No.28858/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 11/02/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Certified copy/ e-copy as per rules/directions.

                                        (Rajeev Kumar Shrivastava)
van                                              Judge


              VANDANA VERMA
              2021.12.14
              11:34:17 -08'00'