Gabbar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5301 MP

                                       1                            CRR No.921/2022



         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
            Criminal Revision No.921/2022
Indore, Dated 11.04.2022
      Shri Yogesh Kumar Gupta, learned counsel for applicant
Gabbar S/o Shri Natthu Ji Shah.
      Shri Bhuvan Deshmukh, learned Government Advocate for
the respondent / State of Madhya Pradesh, on advance notice.

Heard on IA No.3766/2022, first application under Section 397 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicant.

The present applicant has been convicted for offence punishable under Section 25 (1-B) (A) of Arms Act, 1959 and sentenced to undergo one year rigorous imprisonment with fine of Rs.1,000/- with default stipulation by judgment dated 13.12.2019 passed by JMFC, Dewas, District Dewas (MP) in Case RCT No.4557/2013; and the aforesaid judgment of conviction has been affirmed by the learned 3rd Sessions Judge, Dewas District Dewas (MP) in Criminal Appeal No.01/2020 vide judgment dated 17.02.2022.

Looking to the short sentence imposed on the applicant, learned counsel for the applicant prays for suspension of jail sentence.

Considering the fact that the sentence of one year rigorous imprisonment is imposed on the applicant, I am inclined to allow

the application for suspension of jail sentence and release him / her on bail.

Accordingly, without expressing any opinion on merits, IA No.3766/2022, first application for suspension of jail sentence filed on behalf of applicant is allowed and it is directed that the execution of jail sentence awarded to the applicant shall remain suspended, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one local solvent surety in the like amount to the satisfaction of the trial Court for his / her appearance before trial Court on 22.07.2022 and on such other dates as may be fixed by the concerned Court in this regard.

In the meanwhile, let the record of the case from the concerned trial Court as well as appellate Court be requisitioned, if not already received.

Let the matter be listed on admission.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.04.11 18:09:17 +05'30'