Dhara @ Indrabhan Singh Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13816 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 10178 of 2023 (DHARA @ INDRABHAN SINGH GURJAR Vs THE STATE OF MADHYA PRADESH)

Dated : 23-08-2023 Shri Ajay Kumar Dwivedi - Advocate for the appellant.

Shri Dheeraj Kumar Budholiya- Panel Lawyer for the State.

Heard on I.A. No.14799 of 2023, which is first application under Section 389 Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 21.7.2023 passed by Sessions Judge Morena (M.P.) in S.T. No.68/2022, whereby appellant has been convicted and sentenced under Section 25(1-B)(A) of Arms Act to undergo rigorous imprisonment of Two Years with fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence properly. It is further argued that the eye-witnesses as well as witness of seizure have not supported the case of prosecution and turned hostile. It is further argued that (PW-1)

Rohit, (PW-2) Pratap Singh Sikarwar, (PW-3) Vijay Sikarwar, (PW-5) Suresh Rathore, (PW-10) Golu @ Nandkishore (injured) have also not supported the case of prosecution and turned hostile, in these circumstances, the prosecution story becomes doubtful. Further argument is that appellant has already served almost 83 days of incarceration out of total jail sentence of two years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 25-08-2023 12:13:39 PM

its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.14799 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his

appearance before the Office of this Court on 14.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 25-08-2023 12:13:39 PM