Madhya Pradesh High Court
Heera Singh @ Heeru vs The State Of Madhya Pradesh on 3 November, 2022
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 3758 of 2022
(HEERA SINGH @ HEERU Vs THE STATE OF MADHYA PRADESH)
Dated : 03-11-2022
Shri Dhirendra Singh Niranjan, learned counsel for the Petitioner .
Shri Purushottam Tanwar - Panel Lawyer for the respondent-State.
Heard on the question of admission.
This criminal revision appears to be arguable, hence, it is admitted for
final hearing.
Also heard on I.A. No. 15193/2022, which is First application for
suspension of sentence and grant of bail filed on behalf of the petitioner.
This revision has been preferred against the judgment dated 19/09/2022
passed by Additional Sessions Judge, Mehgaon, District Bhind in Cr.A. No.
13/2020, whereby, the petitioner has been convicted under Section 25 (1-b) (a)
of Arms Act and sentenced him to undergo R.I. for One Year with fine of Rs.
1,000/- with default stipulation.
Learned counsel for the petitioner argued that the petitioner has falsely been
implicated in the case. It is further argued that there are omissions and
contradictions in the evidence of the prosecution witnesses. It is further
submitted that prosecution has not examined any independent witness, but only
interested witnesses have been examined. It is further argued that petitioner has
already suffered about two and half months of incarceration out of total
awarded imprisonment of one year. It is further argued that that PW-1 & PW-2,
who are seizure memo witnesses have turned hostile and they did not support
Signature Notthe story of the prosecution. There are fair chances of success of this revision.
Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
There is no possibility of hearing of this revision in near future. Under these
Signing time: 04-11-2022
10:53:08 AM
circumstances, the execution of sentence be suspended and he be released on
bail.
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 petitioner and prayed for its rejection.
Keeping in view the facts & circumstances of the case, but without
commenting on merit of the case, IA No. 15193/2022 is allowed. The execution
of remaining jail sentence of petitioner is hereby suspended subject to deposit
of the entire fine amount, if not already deposited, and furnish personal bond
in the sum of Rs.25,000/- (Rupees Twenty Five 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 15th December, 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.
(SUNITA YADAV)
JUDGE
Durgekar
Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 04-11-2022
10:53:08 AM
