Ankush @ Mutta vs The State Of Madhya Pradesh
2021 Latest Caselaw 3627 MP

                                    1                               CRR-1603-2021
         The High Court Of Madhya Pradesh
                    CRR-1603-2021
                  (ANKUSH @ MUTTA Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 26-07-2021
        Heard through Video Conferencing.
        Shri J.L. Soni, Advocate for the applicant.
        Ms. Ashwini Paranjpe, Panel Lawyer for the respondent/State.

Heard.

Admit.

Record of the trial Court be called for.

Further heard on I.A.No.12831/2021 filed on behalf of the applicant Ankush alias Mutta for suspension of substantive jail sentence.

This revision has been preferred against the judgment dated 12.07.2021 passed by II Additional Sessions Judge, Itarsi, District Hoshangabad (M.P.) in Criminal Appeal No.70/2017 whereby the First Appellate Court confirmed the judgment dated 31.08.2017 passed by the Judicial Magistrate First Class, Itarsi, in Criminal Case No.127/2017.

The trial Court convicted the applicant for the offence punishable

under Section 25(1-B)(B), 4 Arms Act. and sentence him to undergo R.I for one year with fine of Rs.5,00/- with default stipulation.

Learned counsel for the applicant submits that the applicant was on bail during trial and there is no allegation of misusing the same and if he is not released on bail the purpose of filing the present revision would become infructuous. Hence prayer is made to suspend the jail sentence and release on bail.

Learned Panel Lawyer opposed the bail application. Having considered the arguments advanced by the learned counsel for the parties and looking to the other facts and circumstances of the case, this application (I.A. No.12831/2021) is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail 2 CRR-1603-2021 sentence of the applicant Ankush alias Mutta shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 08.12.2021 and thereafter on all other such subsequent dates as may be fixed by the trial Court in this regard.

I n case, the applicant is found absent on any date fixed by the trial Court then the said 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.

The revision be listed for final hearing in due course as per listing policy.

Certified copy as per rules

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.07.26 17:43:52 IST