Jalsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13352 MP

1                              Cr.A.No.5775/2022
                        (Jai Singh Vs. State of M.P.)

Indore : Dated 11.10.2022
      Shri Ayush Agrawal, learned counsel for the appellant.
      Shri S.S.Thakur, learned Dy.Advocate General for the
respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Also heard on I.A.No.9460/2022, which is first application filed under Section 389 of Cr.P.C. for suspension of sentence on behalf of the appellant.

The trial Court has convicted the appellant under Section 25(1)(1- B)(a) of Arms Act and sentenced to undergo two years RI with fine of Rs.2,000/- with default stipulation, vide judgment of conviction and order of sentence dated 14.6.2022 passed by 3 rd Addl.Sessions Judge Khargone, (West Nimar) in S.T.No.32/2021.

Learned counsel for the appellant submits that appellant has falsely been implicated in the matter. Nothing has been seized from his possession. Both the independent witnesses have not supported the prosecution case. No offence is made out against the appellant. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions, material produced on record and also considering the overall circumstances of the case, but,

(Jai Singh Vs. State of M.P.)

without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 12.12.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

List for final hearing in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.10.12 10:31:45 +05'30'