Nishan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20733 MP

Madhya Pradesh High Court

Nishan Singh vs The State Of Madhya Pradesh on 7 December, 2023

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 13300 of 2023
                                                (NISHAN SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-12-2023
                                    Shri Vasant Bohare - learned counsel for the appellant.

                                    Shri Pramod Pachori- learned Public Prosecutor for the respondent-

State.

Heard on the question of admission.

Record of the Trial court has already been received. Being arguable, the appeal is admitted for final hearing.

Also heard on IA No.19517/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of sentence and grant of bail.

Appellant stood convicted under Section 25(1-B) (A) of the Arms Act and sentenced to suffer Two years RI with fine of Rs. 5000/- with default stipulation vide judgment of conviction and order of sentence dated 13/09/2023 passed by Sessions Judge, Sheopur (M.P.) in ST No.54 of 2021.

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. 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.

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 22.12.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, aforementioned I.A. No.19517/2023 stands allowed and disposed of.

List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks