Sanju @ Sanjay Bhadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13129 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 3574 of 2023
                                        (SANJU @ SANJAY BHADORIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-08-2023
                                 Mr. Vikash Parashar, Advocate for the petitioner.

                                 Mr. Dheeraj Kumar Budholiya, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A.No. 14796 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397, 401

o f the Cr.P.C. against the impugned judgment dated 27.7.2023 in Cr.A.No. 140/2022 passed by Second Additional Sessions Judge, Bhind (M.P.) partially affirming the judgment of conviction and sentence dated 20.9.2022 passed in Criminal Case No. 610/2017 by Judicial Magistrate First Class, Bhind and convicting the petitioner under Section 25(1-b)(A) of Arms Act and sentencing him to undergo rigorous imprisonment of one year with fine of Rs.1000/- with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further

submitted that the petitioner has already suffered two months of incarceration out of total jail sentence of one year. He was on bail during trial and did not misuse the liberty granted to him. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Aug-23 1:10:52 PM

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 14796 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 27.10.2023 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Aug-23 1:10:52 PM