Nitesh @ Chinga vs The State Of Madhya Pradesh
2023 Latest Caselaw 13004 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRR No. 3535 of 2023
                                              (NITESH @ CHINGA Vs THE STATE OF MADHYA PRADESH)

                            Dated : 10-08-2023
                                  Shri Puran Kumar Kulshreshtha, learned counsel for the petitioner.

                                  Shri Sushant Tiwari, learned Public Prosecutor for the State.
                                  Heard on admission.
                                  Being arguable, this revision is admitted for final hearing.
                                  Heard on IA No. 14697 of 2023, which is the first application under
                            Section 397(1) of CrPC for suspension of sentence and grant of bail filed on

                            behalf of revision petitioner.
                                  This criminal revision under Section 397 read with Section 401 of CrPC
                            has been filed against the judgment and sentence dated 19.07.2023 passed by
                            Sixth Additional Sessions Judge, Morena District Morena in Cr.A. No.
                            141/2022, whereby confirming the judgment and conviction dated 06.09.2022
                            passed by Judicial Magistrate First Class, Morena, District Morena (M.P.) in
                            Criminal    Case No.1200/2022 by which the revision petitioner has been
                            convicted under Section 25(1-B) (A) of Arms Act and sentenced to undergo RI
                            of one year with fine of Rs.1000/-, with default stipulation.

                                       Learned Counsel for the revision petitioner submits that the learned
                            Appellate Court did not appreciate the evidence in proper perspective. Further,
                            the learned Appellate Court did not properly consider the contentions raised in
                            the appeal. Revision petitioner is in jail from the date of judgment. There is no
                            likelihood of early hearing of revision in near future. No criminal antecedents is
                            reported against the revision petitioner. On these grounds, learned Counsel
                            prays that execution of remaining jail sentence of revision petitioner may be
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 8/11/2023
10:06:23 AM
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                            suspended and he may be enlarged on bail.
                                    Per contra, learned Counsel for respondent/State opposes the

application and prays for rejection of suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of revision petitioner shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also

subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 27/09/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 14697 of 2023 stands allowed and disposed of. List for final hearing in due course.

Let record of the Courts below be requisitioned. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 8/11/2023 10:06:23 AM