Sonu vs The State Of Madhya Pradesh
2023 Latest Caselaw 20748 MP

Madhya Pradesh High Court

Sonu vs The State Of Madhya Pradesh on 7 December, 2023

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRR No. 2296 of 2019
                                                   (SONU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-12-2023
                                 Shri    Deependra       Singh       Raghuvanshi     -     Advocate    for   the

                           accused/revisionist.
                                 Shri G.S. Chauhan - Public Prosecutor for respondent/State.

Order on I.A. No.22475/2023.

Second application has been filed under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail on behalf of sole

accused/revisionist.

The accused/revisionist has been convicted under Section 25(1-B) (A) of the Arms Act and sentenced to suffer R.I. for one year with fine of Rs.500/- with default stipulation, vide judgment dated 29.10.2018 passed by JMFC, Morena delivered in Criminal Case No.60/2009, which has been affirmed by judgment dated 27.4.2019 passed by Third Additional Sessions Judge, District Morena in Criminal Appeal No.221/2018.

Learned counsel for the accused/revisionist submits that he has been arrested in execution of non-bailable warrant. He has not committed any

offence. He was on bail during pendency of revision, but due to his serious illness, he could not appear before the Revisional Court nor he could inform his counsel, that is why, he could not appear when the revision was come up for hearing and non-bailable warrant was ordered to be issued against him. It is next contended that accused/revisionist is in jail in execution of non-bailable warrant. If he is not released on bail, he will not survive in jail. In case, he is released on bail, he will cooperate in disposal of the revision. Learned counsel prays for

suspension of sentence and grant of bail.

Learned Public Prosecutor has opposed the application by submitting that no paper has been annexed in the application with respect of his illness. Due to his non-appearance, non-bailable warrant was issued against him. He is in jail in execution of non-bailable warrant.

Considering the entire facts and circumstances of the case and rival submissions of parties and the health condition as well as circumstances in which he is in jail, without commenting any opinion on the merits of the case, I.A. No.22475/2023 is allowed.

It is directed that accused/revisionist shall be released on bail on

furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two sureties of the like amount to the satisfaction of the CJM concerned with filing an undertaking that he will not misuse the liberty and will cooperate in disposal of revision and he will not indulge in any criminal case during the pendency of revision. Fine amount imposed by the Trial Court shall be deposited before his release if it is not already deposited.

With above terms, I.A. No.22475/2023 stands disposed of. Certified copy as per rules.

(RAJENDRA KUMAR-IV) JUDGE

Abhi