Citation : 2022 Latest Caselaw 5644 MP
Judgement Date : 19 April, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SATISH KUMAR SHARMA
ON THE 19th OF APRIL, 2022
CRIMINAL APPEAL No. 3471 of 2022
Between:-
RAMNETRA S/O SURESH SHARMA , AGED ABOUT
30 YEARS, JANAKPUR PS CIVIL LINE MORENA AT
PRESENT HANUMAN MANDIR KE PAAS
SHIVNAGAR PS CIVIL LINE (MADHYA PRADESH)
.....APPELLANT
(BY SHRI MADHUKAR KULSHRESTA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION P.S. CIVIL LINES (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI LOKENDRA SHRIVASTAVA, PUBLIC PROSECUTOR )
T h is appeal coming on for hearing this day, the court passed the
following:
ORDER
Heard.
Admit.
Shri Lokendra Shrivastava, learned counsel for the State takes notice on behalf of the State.
Record of the court below be requisitioned. Also heard on I.A. No. 6040/2022, which is First application for suspension of sentence and grant of bail filed on behalf of the sole appellant.
This appeal has been preferred against the judgment dated 22/03/2022 passed by 6th Additional Sessions Judge, District Morena in S.T. No. 160/2018, whereby the appellant has been convicted under Section 25 (1-B)A of Arms Act and sentenced to undergo R.I. for One Year with fine of Rs. 1,000/- with default stipulation.
Learned counsel for the appellant submits that sentence imposed against the appellant has already been suspended by the trial court. The appellant was on bail during trial and he has strong grounds against the impugned judgment. Disposal of the appeal will take considerable time.
Application for suspension of sentence filed on behalf of the appellant deserves to be allowed.
On the other hand, learned counsel appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail filed on behalf of the appellant and prayed for its rejection.
Keeping in view the facts & circumstances of the case, but without commenting on merit of the case, IA No. 6040/2022 is allowed. It is directed that if appellant deposit the entire fine amount, if not already deposited, and furnish personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with two local solvent sureties in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 6th July, 2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.
Certified copy/e-copy as per rules/directions.
(SATISH KUMAR SHARMA) JUDGE Durgekar
SANJAY Digitally signed by SANJAY NAMDEORAO DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT
NAMDEOR OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=afa4701a2661e1fb7720c022ffc2776 08ce55ba67f3594a641181b9ae8448e58,
AO pseudonym=DA26B82C5BC4CAF69072CA5A 13CA996C4169AB06, serialNumber=1190D1488DBA862FB108ED6 6262DC2DC2CB9D310D73128B3A6E7B046F
DURGEKAR CF28227, cn=SANJAY NAMDEORAO DURGEKAR Date: 2022.04.20 14:45:42 -07'00'
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