Satish vs The State Of Madhya Pradesh
2023 Latest Caselaw 13715 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 9735 of 2023
                                                 (SATISH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-08-2023
                                 Shri Rahul Bansal - Advocate for the appellant.

                                 Ms. Kalpana Parmar - Panel Lawyer for the respondent/State.

Heard on IA No. 15093/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellant - Satish Gurjar seeking suspension of sentence and grant of bail.

Appellant stands convicted under Section 25(1)(1-B)A of Arms Act and

sentenced to undergo one year rigorous imprisonment with fine of Rs.1,000/- with default stipulation vid e judgment of conviction and sentence dated 11.07.2023 passed by Special Judge (MPDVPK Act), Gohad, Distt. Bhind in case No.SCDOCT/21/2018.

Learned Counsel for appellant submits that the learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has

already been deposited by the appellant. The jail sentence of appellant was suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. Presently, he is on bail. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection. Signature Not Verified Signed by: MONIKA SHARMA Signing time: 23-08-2023 11:33:25 AM

Upon hearing learned Counsel for the 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 appellant shall remain suspended during pendency of this appeal 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 26.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, aforementioned I.A. stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 23-08-2023 11:33:25 AM