Mukesh Singh @ Anoop Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 14943 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRR No. 4010 of 2022
                                       (MUKESH SINGH @ ANOOP SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-11-2022
                                 Mr. Abhijit Chaturvedi - Advocate for the petitioner.

                                 Mr. Nitin Goyal - Panel Lawyer for the respondent - State.

Admit.

Heard on I.A.No.16115 of 2022, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397/401

o f the Cr.P.C. against the impugned judgment dated 14.09.2022 in Cr.A.No.07/2020 passed by Additional Sessions Judge, Mehgaon, Bhind (M.P.) affirming the judgment of conviction and sentence dated 01.05.2019 passed in Criminal Case No. 164/2013 by Judicial Magistrate First Class, Mehgaon, District Bhind convicting the petitioner for the offence punishable under Section 25(1-kha) of Arms Act and sentencing him to undergo rigorous imprisonment of one year and fine of Rs.300/-, with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. Independent

witnesss of seizure and identification has turned hostile. They have not supported the prosecution case and in their cross-examination. It is further submitted that petitioner has no criminal history and he has already suffered more than two months of incarceration. Hence, it has been prayed that the petitioner be released on bail.

On the other hand, learned Public Prosecutor opposed the application and prayed for rejection of the same.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/16/2022 10:06:31 AM

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No.16115 of 2022) is allowed.

It is directed that the petitioners 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 03.01.2023 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/16/2022 10:06:31 AM