Saleem @ Langada vs The State Of Madhya Pradesh
2021 Latest Caselaw 6718 MP

                                1                                 CRA-1537-2021
       The High Court Of Madhya Pradesh
                  CRA-1537-2021
              (SALEEM @ LANGADA Vs THE STATE OF MADHYA PRADESH)

4
Jabalpur, Dated : 23-10-2021
      Heard through Video Conferencing.

      Shri Santosh Sahu, counsel for the appellant.
      Shri Anand Nayak, Panel Lawyer for the respondent/State.

Heard on I.A. No.16214/2021, which is the second application

for suspension of sentence and grant of bail to the appellant.

Vi d e impugned judgment dated 27.02.2021 passed by the Additional Sessions Judge, Khandwa, in Special Case No.37/2019, t he appellant has been convicted for the offence punishable under Sections 25(1-B) A and 27(2) of the Arms Act , and has been sentenced thereunder to suffer R.I. for 2 years and 7 years with fine of Rs.1,000 and Rs.5,000/- respectively, with default stipulation.

Learned counsel for the appellant submits that this is the second application for suspension of sentence and grant of bail filed on

behalf of the appellant. The first application was dismissed as withdrawn vide order dated 06.05.2021 with liberty to move a fresh one after a period of four months. He submits that the fine amount has already been deposited. He further submits that considering the fact that only seven years' R.I. has been awarded and the appellant has already completed almost more than three years of sentence and trial would take time to be concluded, therefore, the appellant is entitled to be released on bail.

On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the application.

Considering the aforesaid and taking note of the fact that the 2 CRA-1537-2021 appellant has already suffered more than three years' of sentence awarded, without commenting anything on the merits, I am of the opinion that the sentence awarded to the appellant can be suspended and he can be enlarged on bail. Accordingly I.A. No.16214/2021 is allowed.

I t is directed that on appellant's depositing the entire fine amount, if not deposited, so also furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 01.02.2022 and on all such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in any other case.

Certified Copy as per rules.

(SANJAY DWIVEDI) JUDGE Prachi Digitally signed by PRACHI PANDEY Date: 2021.10.23 17:58:01 +05'30'