Dinesh Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 12592 MP

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            THE HIGH COURT OF MADHYA PRADESH
                        CRR No. 3293 of 2022
                 [DINESH KUMAR Vs THE STATE OF MADHYA PRADESH]



Gwalior, dt. :20.09.2022

      Shri Nitin Sharma, learned counsel for applicant.

      Shri R.K. Awashty, learned Public Prosecutor for the State.

      Heard on IA.No.13694/2022, first application u/Sec.397(1) Cr.P.C.

for suspension of sentence and grant of bail moved on behalf of sole

applicant - Dinesh Kumar is taken up and considered.

      This criminal revision assails the judgment dated 26/08/2022

passed in Criminal Appeal No.249/2018 by First Additional Sessions

Judge Karera, District Shivpuri (M.P.), whereby the judgment of

conviction and order of sentence dated 17/04/2018 passed in Criminal

Case No.832/2012 by Judicial Magistrate First Class, Karera, District

Shivpuri (M.P.) has been confirmed by which applicant has been

convicted and sentenced as under;

             Section           Imprisonment               Fine
    25(1)(1-B)(A) of Arms One Year's R.I. Rs.1,000/- in default
    Act.                                  stipulation
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      It is submitted by learned counsel for applicant that the trial Court

has wrongly convicted the applicant without appreciating the materials

and evidence available on record. He has further argued that the trial

Court has ignored the witness of seizure who has not supported the case

of the prosecution. The applicant has suffered more than month of

incarceration as against one year's R.I. The appellant was on bail during

trial and never misused the liberty granted to him. There are lots of

contradictions and omissions in the evidence of the prosecution

witnesses. Therefore, he prays for suspension of sentence and grant of

bail to the applicant.

      Per contra, learned Public Prosecutor for the respondent/State

vehemently opposed the prayer and submitted that the prosecution has

proved its case beyond doubt. Hence, prayed to reject the application.

Keeping in view, the facts and circumstances of the case, without

expressing any opinion on merits, the application (IA. No.13694/2022)

for suspension of sentence is hereby allowed.

It is directed that jail sentence of applicant- Dinesh Kumar will

remain under suspension subject to depositing fine amount and on

furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand only) with

two solvent sureties of the like amount to the satisfaction of the

concerned trial Court, for his appearance before the Registry of this

Court on 24/11/2022 and thereafter on all subsequent dates as may be

fixed by the office.

Application (IA. No.13694/2022) stands disposed of.

Certified copy as per rules/directions.

(SUNITA YADAV ) JUDGE vpn Digitally signed by VIPIN KUMAR AGRAHARI VALSALA VASUDEVAN 2018.10.26 Date: 2022.09.21 11:36:13 +05'30' 15:14:29 -07'00'