Kishore @ Gudda Dahiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 675 MP

                                     1                                  CRR-718-2021
         The High Court Of Madhya Pradesh
                    CRR-718-2021
               (KISHORE @ GUDDA DAHIYA Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 12-03-2021
       Mr.Shailendra Singh, learned counsel for the applicant.
       Ms.Vasundhara Shukla, learned P.L. for the State.
       Heard on admission.
       Let record of the courts below be called for.
       The revision is admitted for hearing.

       Also heard on I.A.No.3816/2021, which is a first application for
suspension of sentence on behalf of applicant-Kishore @ Gudda Dahiya.
       The applicant has been convicted by the impugned judgment dated
03.3.2021

passed by the learned lower appellate Court in Criminal Appeal No.16/2019 for offence under section 25(1-B)(a) of the Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.500/- with default stipulation.

Learned counsel for the applicant submitted that impugned judgment has been passed without appreciating the oral and documentary evidence on

record. The final disposal of instant appeal would take considerable time. The applicant was on bail during trial and he is in custody since the date of judgment. Therefore, the substantive jail sentence of the applicant be suspended.

Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case, looking to the nature of offence and period of custody of the appellant and taking into account that this appeal would take considerable time for final disposal, without commenting on the merits of the case, the aforesaid interlocutory application is allowed.

It is directed that execution of remaining jail sentence of applicant-Kishore @ Gudda Dahiya shall remain suspended and it is ordered that he shall be released on bail on depositing the fine amount, if not already deposited, and on furnishing a personal bond for the sum of Rs.30,000/- (Rupees Thirty thousand only) with one 2 CRR-718-2021 solvent surety in the like amount to the satisfaction of the Trial Court with a further direction to appear before the Trial Court on 11.8.2021 and also on such other dates as may be fixed by that Court in this regard during the pendency of this appeal.

I.A. No.3816/2021 stands disposed of.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.03.12 19:24:56 IST