Hemant vs The State Of Madhya Pradesh
2022 Latest Caselaw 3765 MP

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         THE HIGH COURT OF MADHYA PRADESH
                         CRA 2548/2022
                 (Hemant Gurjar Vs. State of M.P.)

Gwalior, Dated: 16.03.2022
      Shri Rameshwar Rawat, learned counsel for appellant.

      Shri    B.P.S.Chauhan,      learned    Public   Prosecutor   for

respondent/State.

Heard on admission.

Appeal being arguable, is admitted for final hearing.

Also heard on IA No.4263/2022, first application under Section

389 of CrPC filed on behalf of appellant for suspension of sentence

and grant of bail.

Appellant has been convicted vide judgment dated 03.03.2022

passed in Special S.T. No.230/2017 by learned Second Additional

Sessions Judge Shivpuri for the offence punishable under Section 324

of IPC and sentenced to undergo for 1 year R.I. and under Section 25

(1-B)B r/w 4 of Arms Act and sentenced to undergo for 1 year R.I.

with fine of Rs.3,000/- with default stipulation.

It is submitted by learned counsel for appellant that appellant

was on bail during trial and he did not misuse the liberty granted to

him. Fine amount has already been deposited by him. The appellant is

ready to abide by all the terms and conditions as may be imposed by

this Court. Final hearing of the appeal will take time and appellant

has a good case on merit. Therefore, prayer for suspension of

sentence has been made.

Learned counsel for the State opposed the application and

prayed for its rejection.

In view of the aforesaid and considering the facts and

circumstances of the present case and the fact that the disposal of the

appeal will take its own time and looking to the short period of

sentence awarded by the court below, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the appellant.

Consequently, I.A.No.4263/2022 is hereby allowed. If the

appellant furnishes a personal bond in the sum of Rs.25,000/-

(Rupees fifty thousand Only) with one solvent surety of the like

amount to the satisfaction of the Trial Court/CJM/Remand

Magistrate (Whosoever is available) and undertakes that he will

appear before the Registry of this Court on 13.06.2022 and on

subsequent dates given by the office for his appearance till the

disposal of the present appeal, then the appellant shall be released on

bail and execution of jail sentence is suspended till the disposal of this

appeal.

Certified copy as per rules.

(Deepak Kumar Agarwal) Judge YOGENDRA ojha OJHA 2022.02.23 15:54:53 +05'30'