Ajaypal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5461 MP

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              The High Court of Madhya Pradesh
                                                           Cr.A.No.3348/2022

                       (Ajaypal Vs. State of M.P.)
Gwalior dated 13.4.2022
       Shri Avinash Kulshrestha, learned counsel for the appellant.
       Shri    R.K.Awasthi,    learned       Public   Prosecutor   for   the
respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called.

Also heard on IA.No.5898/2022, first application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Ajaypal.

Vide judgment dated 31.3.2022 passed by the Sessions Judge,

Morena, in S.T.No.187/2019 appellant has been convicted under Section

25(1-b)(a) of the Arms Act and sentenced to undergo 1 year RI with fine

of Rs.1,000/-.

It is submitted by learned counsel for the appellant that during

trial appellant was on bail, but he did not misuse the liberty so granted.

After judgment, his sentence has been suspended by the trial Court for a

period of one month. Amount of fine has been deposited. He has a good

case on merit. Final hearing of the appeal will take time. Therefore,

prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.5898 /2022 is allowed and

The High Court of Madhya Pradesh Cr.A.No.3348/2022

it is directed that jail sentence of appellant- Ajaypal will remain under

suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 29th August, 2022 and on such

further dates as may be fixed by the office in this regard till disposal of

the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.04.13 16:36:46 +05'00'