Sonu @ Maical Barauya vs The State Of Madhya Pradesh
2023 Latest Caselaw 22228 MP

Madhya Pradesh High Court

Sonu @ Maical Barauya vs The State Of Madhya Pradesh on 22 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2483 of 2023 (SONU @ MAICAL BARAUYA Vs THE STATE OF MADHYA PRADESH)

Dated : 22-12-2023 Ms. Sarita Jain Kochhal - Advocate for the applicant.

Ms. Pushpanjali Dwivedi - Panel Lawyer for the State.

      Reserved on        : 21.12.2023
      Pronounced on : 22.12.2023

      Heard on admission.

The revision being arguable is admitted for hearing. Also heard on I.A. No.29625/2023, which is first application filed on behalf of the applicant Sonu alias Maical Barauya for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 25(1-

b)(B) of Arms Act and sentenced to undergo R.I. for two and a half years with fine of Rs.2500/-, with default stipulation.

Learned counsel for the applicant has submitted that the Courts below have not properly appreciated the oral and documentary evidence available on

record and committed error in convicting the applicant for the aforesaid offence. The maximum sentence awarded to the applicant is of two and a half years. The applicant is in custody and disposal of this case would take considerable time, therefore, custodial sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application. Heard learned counsel for the parties, perused the judgments and the

records of the courts below.

Having considered the submissions and on perusal of the records, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant

shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 30.1.2024 and on such other dates as may be fixed in this regard during pendency of this revision, without fail.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

ps

Date: 2023.12.22 17:35:59 +05'30'