Shahjad Khan @ Sonu Stop vs The State Of Madhya Pradesh
2022 Latest Caselaw 13874 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                          MCRC No. 50035 of 2022
                                             (SHAHJAD KHAN @ SONU STOP Vs THE STATE OF MADHYA PRADESH)

                                Dated : 27-10-2022
                                       Shri Alok Vagrecha, learned counsel for the applicant.

                                       Shri Ajay Tamrakar, learned Panel Lawyer for the respondent/State.

The issue which needs to be examined is whether under the facts & circumstances of the case, the provisions contained in Section 37(b)(ii) of the Arms Act, 1959 will be applicable or not especially in view of the judgment of Jodhpur Bench of the Rajasthan High Court in Dinesh versus State of

Rajasthan decided on 2.12.2020 wherein the Rajasthan High Court has declared that all the offences punishable upto three years' imprisonment even under the Arms Act, 1959 are non-bailable. The issue which needs to be examined is that whether by implication, the Rajasthan High Court has declared Section 37(b)(ii) of the Arms Act, 1959 to be ultra vires by holding that all the offences will be non-bailable and what will be the scope of application of Section 37(b)(ii) of the Arms Act, 1959?

On joint request made by learned counsel for the parties, put up this case on 10.11.2022.

(VIVEK AGARWAL) JUDGE

amit

Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2022.10.27 18:02:57 IST