Gurudayalsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5744 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 1993 of 2023 (GURUDAYALSINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 10-04-2023 Shri Raj Kumar Swarnkar, learned counsel for the appellant.

Ms. Varsha Thakur GA appearing on behalf of Advocate General/State.

Heard on admission.

The appeal is admitted for final hearing. Heard on I.A.No.1778/2022, which is an application filed under Section

389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant.

The appellant has been convicted vide judgment dated 20.12.2020 passed in S.T.No.131/2020 and sentenced him under Section 25(1)(a) Arms Act 07 years RI 5,000/- with default stipulation.

Counsel appearing for the appellant has submitted that the appellant has already undergone 32 months of jail sentence, out of 7 years of imprisonment awarded to him. It is further submitted that the appellant was found in possession of 09 fire arms and there are no other criminal case registered against the appellant and there is no possibility of early hearing of this criminal

appeal before this Court. Thus, it is submitted that the application be allowed and the jail sentence of the appellant be suspended.

Counsel for the State, on the other hand, has opposed the prayer. On due consideration of the submissions and on perusal of the record, this Court finds force with the contention raised by the counsel for the appellant. Thus, it would be expedient to allow the application for suspension jail sentence of the appellant.

Accordingly, the application I.A.No.1778/2023 is allowed. It is directed Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM

that on furnishing a personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the concerned trial Court on 17.10.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(ANIL VERMA) JUDGE

amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM