Bablu @ Vrindavan vs The State Of Madhya Pradesh
2021 Latest Caselaw 540 MP

                                                           1                                 CRR-207-2021
                               The High Court Of Madhya Pradesh
                                          CRR-207-2021
                                        (BABLU @ VRINDAVAN Vs THE STATE OF MADHYA PRADESH)

                      2
                      Jabalpur, Dated : 08-03-2021
                              Shri Lalji Kushwaha, counsel for the applicant.
                              Shri Kaustubh Singh, Panel Lawyer, for the respondent/State.

Heard on admission.

This revision has been preferred against the judgment dated 5.1.2021 passed by the Additional Sessions Judge, Bairasaiya, District Bhopal in

Criminal Appeal No.38/2019; by which the Court confirmed the conviction and sentence passed by the Judicial Magistrate First Class, Bairasaiya, District Bhopal on 13.9.2019 in Criminal Case No.709/2017.

The applicant has been convicted for the offence under section 25(1- Kha) of Arms Act and sentenced to undergo rigorous imprisonment for one year with fine.

It is submitted by the counsel for applicant that the conviction is based upon the evidence of police personnel. Only three witnesses have been examined. The sole eyewitness did not support the case of prosecution and

also not supported the fact of seizure. There are various differences found in the evidence of Bhimak Singh (P.W.2) and Sahab Singh (P.W.3); while both are police personnel.

The State supported both the judgments. Prima facie some substances is found, therefore, the revision is admitted for hearing.

Also heard upon I.A.No.1317/2021 filed under section 389(1) of CrPC on behalf of applicant Babloo alias Vrindawan.

This application has been preferred under section 389(1) of CrPC; while in case of revision the application should be filed under section 397 of CrPC.

Signature Not Only in the interest of justice, the matter is considered upon the basis SAN Verified

Digitally signed by TRUPTI GUNJAL Date: 2021.03.08 16:00:01 IST 2 CRR-207-2021 of averments made in the aforesaid application.

Therefore, after consideration, the application is allowed. The substantive jail sentence awarded to the applicant is hereby suspended subject to his furnishing a bail bond worth Rs.10,000/- (Rupees Ten Thousand) and a personal bond of the same amount to the satisfaction of the trial court.

After releasing on bail, the applicant will appear before the Registry of

this Court on 20.9.2021 and thereafter on other subsequent dates, as may be fixed by the office in this behalf.

At the time of releasing the applicant from custody, all the instructions issued by the Government related to COVID-19 shall also be followed by the concerned authorities.

List this case for final arguments in due course. Certified copies as per rules.

(B. K. SHRIVASTAVA) JUDGE

TG /-

Signature
 SAN      Not
Verified

Digitally signed by
TRUPTI GUNJAL
Date: 2021.03.08
16:00:01 IST