Hemant Singh @ Anshul vs The State Of Madhya Pradesh
2021 Latest Caselaw 8909 MP

                                                                   1                              CRA-7311-2021
                                         The High Court Of Madhya Pradesh
                                                  CRA No. 7311 of 2021
                                              (HEMANT SINGH @ ANSHUL Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 16-12-2021
                                        Shri Sandeep Kachhi, learned counsel for the appellant.
                                        Shri Sudhakarmani Patel, learned P.L. for the respondent/State.

Office is directed to call for the record.

Heard on I.A. No.21564/2021, which is an application under Section 389(2) of Cr.P.C. for suspension of the custodial sentence passed against appellant Hemant Singh @ Anshul.

T h i s appeal has been preferred against the judgment dated 24/11/2021 passed by II Sessions Judge, Itarsi, District Hoshangabad in S.T.No.14/2017, whereby learned Sessions Judge found the appellant guilty for the offence punishable under Section 25(1-B)(B) of the Arms A c t and sentenced him to undergo R.I. for two years with fine of Rs.1,000/- with default clause.

Learned counsel for the appellant submitted that earlier learned trial Court framed charge against the appellant for the offences punishable under Sections 302, 307 of the IPC and Sections 25, 27 of the Arms Act in ST.No.14/2017, but thereafter learned trial Court vide judgment dated 24/11/2021 acquitted the appellant from the charge punishable under Sections 302, 307 of the IPC and Section 27 of the Arms Act and only found the appellant guilty for the offence punishable under Section 25(1-B)(B) of the Arms Act and sentenced him as aforesaid. The appellant has already suffered the jail sentence of ten months and six days during trial of the case. Learned trial Court has already suspended the jail sentence of the appellant till 25/12/2021. Learned trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal is likely to take long time.

On the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellant is proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the contention of learned counsel for the appellant, Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.12.16 16:51:19 IST 2 CRA-7311-2021 considering the facts and circumstances of the case and the fact that the learned trial Court has already suspended the jail sentence of appellant till 25/12/2021, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28/03/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Let the matter be listed for admission after four weeks alongwith the record.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.12.16 16:51:19 IST