Manish Goswami vs The State Of Madhya Pradesh
2022 Latest Caselaw 5923 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                           CRR No. 1461 of 2022
                 (MANISH GOSWAMI Vs THE STATE OF MADHYA PRADESH)

Dated : 22-04-2022
       Shri Ravi Dwivedi, learned counsel for the petitioner.

       Shri Dheeraj Budholia, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The revision being arguable is admitted for final hearing. Call for the record of the Courts below.

Heard on I.A.No.6395/2022. This is an application under Section 397

(1) of Cr.P.C. for suspension of sentence.

This criminal revision has been filed against the judgment dated 12/04/2022 passed by Eighth Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal No.59/2020 partly affirming the judgment of conviction and sentence dated 28/01/2020 passed by Judicial Magistrate First Class, Gwalior (M.P.) in RCT No.8673/2016, by which the petitioner has been convicted under Section 25 (1-B)(A) of the Arms Act, and has been sentenced to undergo Rigorous imprisonment for one year with fine of Rs.2,000/- with default stipulation.

It is submitted by learned counsel for the petitioner that the petitioner has been wrongly convicted by both the Courts below. He has deposited the fine amount as imposed by the trial court. There is no criminal history of the appellant. Final disposal of this appeal will take sufficiently long time. He is ready to abide with all the conditions which may be imposed by this Court. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of jail sentence.

Per contra, the application is opposed by the counsel for the respondent/State.

Looking to the short period of jail sentence, without commenting on merits of the case Considering the facts and circumstances of the case, I.A.No.6395/2022 is allowed. It is directed that the petitioner be released on

bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 17.8.2022 and on all other dates which may be given by the Office for his appearance.

List this case for final hearing in due course.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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PAWAN KUMAR 2022.04.22 18:15:49 +05'30'