Kalli @ Kedar vs The State Of Madhya Pradesh
2022 Latest Caselaw 15099 MP

                                                   1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                        AT GWALIOR
                                          CRA No. 10013 of 2022
                                  (KALLI @ KEDAR Vs THE STATE OF MADHYA PRADESH)

              Dated : 17-11-2022
                      Shri Arvind Kumar Dwivedi, learned counsel for the appellant.

                      Shri Anil Shukla, Public Prosecutor for the respondent - State.

Heard on the question of admission.

This criminal appeal appears to be arguable, hence, it is admitted for final hearing.

Record of the court below has already been received.

Heard on I.A. No. 16894/2022, which is First application for suspension of sentence and grant of bail filed on behalf of the appellant. This appeal has been preferred against the judgment dated 31/10/2022 passed by Special Judge (MPDVPK Act), District Shivpuri in S.S.T. No. 400029/2014, whereby, the appellant has been convicted for the offence punishable under Section 25(1-B) (A) of Arms Act and sentenced to undergo R.I. for One Year with fine of Rs. 1,000/- with default stipulation.

Learned counsel for the appellant argued that the appellant 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. There are fair chances of success of this appeal. There is no possibility of hearing of this appeal in near future. Under these circumstances, the execution of sentence be suspended and he be Signature Notreleased Verified on bail.

Signed by: SANJAY NAMDEORAO DURGEKAR On the other hand, learned counsel appearing on behalf of the respondent Signing time: 18-11-2022 12:24:44 PM

opposes the application for suspension of sentence and grant of bail filed on behalf of the appellant and prayed for its rejection.

Keeping in view the facts & circumstances of the case, but without commenting on merit of the case, IA No. 16894/2022 is allowed. The execution of remaining jail sentence of appellant is hereby suspended subject to deposit of the entire fine amount, if not already deposited, and furnish personal bond in the sum of Rs.50,000/-(Rupees fifty 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 4th January, 2023 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: 18-11-2022 12:24:44 PM