Harnarayan vs The State Of Madhya Pradesh
2022 Latest Caselaw 9308 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRR No. 1784 of 2022
                     (HARNARAYAN Vs THE STATE OF MADHYA PRADESH)

Dated : 11-07-2022
        Shri K.S. Rajput, counsel for the applicant.

        Shri Vivek Lakhera, PL for the State.
        Heard on question of admission.
        Admit.
        Heard on I.A. No.8237/2022, which is an application filed on behalf of
the applicant for suspension of sentence and grant of bail.

        The applicant has been convicted by JMFC, Khirkiya, District Harda
under Section 25(1-b)(B) of the Arms Act and sentenced to undergo R.I. for 1
year with fine of Rs. 500/- with default stipulation vide judgment dated
11.8.2021

passed in Criminal Case No. 125/2019 The aforesaid conviction and sentence has been affirmed by the appellate Court (Principal Sessions Judge, Harda) vide judgment dated 7.5.2022 passed in Criminal Appeal No. 27/2021.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on

record. Maximum sentence awarded to the applicant is one year. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Looking to the nature of allegation against the applicant and period of jail sentence awarded to the applicant, I find it to be a fit case to suspend the

custodial sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant Harnarayan shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 6.12.2022 and on such other dates as may be fixed in this regard.

The applicant shall regularly appear before the trial Court during the

pendency of this revision without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2022.07.12 12:00:42 +05'30'