Ajay Pratap Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21452 MP

Madhya Pradesh High Court

Ajay Pratap Singh vs The State Of Madhya Pradesh on 14 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRR No. 5714 of 2023
                                             (AJAY PRATAP SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-12-2023
                                   Shri K.N.Bundela - Advocate for applicant.

                                   Shri D.P.Patel - Dy.Government Advocate for respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Let record of the Courts below be requisitioned.

Heard on I.A.No.28883/2023, an application under Section 397 of the Cr.P.C. filed on behalf of applicant for suspension of sentence and grant of bail.

T h e applicant has been convicted vide judgment dated 01.12.2023 passed by Ist Additional Sessions Judge, Tikamgarh, in Cr.A. No.162/2022, arising out of judgment dated 29.09.2022 passed by Additional Chief Judicial Magistrate, Tikamgarh in RCT No.2001159/2016, whereby learned appellate Court dismissed the appeal filed by the applicant and affirmed the judgment passed by the trial Court wherein the trial Court found the applicant guilty for

commission of offence punishable under Section 25(1-B)(A) of Arms Act and sentenced him to undergo R.I. for one year with fine of Rs.1000/-, with usual default stipulation.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the prosecution evidence properly, wrongly found the applicant guilty for the aforesaid offence. The applicant is in custody from the date of impugned judgement. Hence, prayed for suspension of the jail sentence and release the applicant on bail, as the final hearing of this

revision will take time.

P e r contra, learned counsel for State while opposing the prayer, supported the impugned judgment. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the applicant should not be suspended.

Looking to the facts and circumstances of the case coupled with the fact that applicant is in judicial custody from the date of impugned judgment, this revision is of the year 2023 and hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence passed against applicant shall remain suspended during the pendency

of this revision and he be released on bail subject to depositing fine amount, if not already deposited and on furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court concerned on 24.01.2024 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

List the case for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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