Banwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 13618 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 8920 of 2022
                                                (BANWARI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-10-2022
                                Mr. Ashish Singh Jadoun, learned counsel for the appellant.

                                Mr. V.P.S. Tomar, learned Panel Lawyer for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard o n I.A. No. 15522 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 15.9.2022 passed by

Special Judge (MPDVPK Act), Bhind, District Bhind (M.P.) in Special Sessions Trial No. 109/2008, whereby the appellant has been convicted under Section 25 (1-B) (A) of Arms Act and has been sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. Conviction is based only on the statement of the police witness. He further submits that the trial Court has already suspended the jail sentence of the appellant for a period of one month from the date of judgment i.e. 15.9.2022.

During trial, the appellant has already suffered more than four months of incarceration. Thereafter, he was granted bail and he did not misuse the liberty so granted to him. Further argument is that present criminal appeal is likely to take long time to conclude and the appellant is ready and willing to abide by all the conditions which may be imposed by this Court. Hence, he prayed to suspend the jail sentence and grant of bail to the appellant.

On the other hand, learned counsel for the State vehemently opposed the Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Oct-22 2:47:36 PM

application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 15522 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant - Banwari shall remain suspended and he be released

on bail. The appellant is further directed to mark his appearance before the Office of this Court o n 15.12.2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Oct-22 2:47:36 PM