Suraj Singh Bhadoriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 15302 MP

                                                       CRA.No.10539/2022
                                      (SURAJ SINGH BHADOURIYA VS. STATE OF M.P.)

                                             HIGH COURT OF MADHYA PRADESH

                          GWALIOR BENCH :
                          DATED 21.11.2022

                                   Mr. R.K. Dwivedi, learned counsel for the appellant.

                                   Mr. Rajeev Upadhyay, learned Panel Lawyer for the respondent -

State.

Heard on I.A.No.17644/2022, an application under Section 389 (1)

of Cr.P.C. moved on behalf of appellant for suspension of his remaining

jail sentence.

By the impugned judgment of sentence and order of conviction,

appellant has been convicted for offence under Section 25(1-B) of Arms

Act and sentenced to suffer one year RI with fine of Rs.1,000/-, with

default stipulation.

It is the submission of learned counsel for the appellant that trial

court erred in convicting the appellant and awarding jail sentence. Fine

amount has already been deposited. Appellant was on bail during trial

and he did not misuse the liberty and trial Court erred in not appreciating

the evidence holistically. Hearing of appeal will take time and he has a

strong case on merits. On these grounds, prayer for suspension of

sentence has been made out.

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 22-Nov-22 10:53:53 AM CRA.No.10539/2022 (SURAJ SINGH BHADOURIYA VS. STATE OF M.P.)

Learned counsel for the respondent/State opposed the prayer and

prayed for rejection of application.

Keeping in view the submissions made by the learned counsel for

the parties and looking to the facts and circumstances of the case and the

short sentence awarded to the appellant, subject to deposit of fine

amount, it is directed that jail sentence of appellant shall remain

suspended subject to appellant's furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of

like amount to the satisfaction of the trial Court to appear before Registry

of this Court on 22/02/2023 and all other subsequent dates as may be

fixed in this regard.

I.A.No.17644/2022 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(ANAND PATHAK) JUDGE

bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 22-Nov-22 10:53:53 AM