Kirti vs The State Of Madhya Pradesh
2023 Latest Caselaw 1773 MP

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                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                        CRR No. 4911 of 2022
                                                                   (KIRTI Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 31-01-2023
                                                  Shri Akhil Godha on behalf of Shri Akhilesh Kumar Saxena - Advocate

                                            for applicant.
                                                  Ms. Mamta Shandilya - G.A. for the respondent/State.

Heard on admission.

Revision is admitted for final hearing.

Also heard on I.A.No. 231/2023 which is application under section 397 Cr.P.C. for suspension of sentence and grant of bail moved on behalf of applicant Kishore Sangte.

Applicant has been convicted under Section 25(1b)(A) of Arms Act by III ASJ, Dewas and sentenced to undergo 1 year RI with fine of Rs.1000/- with default stipulation by judgment dated 14.12.2022 passed in Cr.Appeal No. 109/2022 arising out of judgment dated 21.09.2022 passed by JMFC, Dewasn in criminal case No. 4991/2015.

Learned counsel for the applicant submits that the applicant was on bail

during the trial and did not misuse the liberty. The final hearing of revision will take time. Hence, it is prayed that application for suspension of sentence be allowed.

Learned Govt. Advocate for the respondent/State opposes the prayer. Considering the short jail sentence and that the applicant was on bail

Signature Not VerifiedDigitally signed by during trial and he has not misused the liberty and final hearing of the revision is SAN SOUMYA RANJAN DALAI Date: 2023.01.31 17:33:55 IST likely to take time, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the applicant. Hence, without

expressing any opinion on merits of the matter I.A.No.231/2023 is allowed and jail sentence of the applicant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, the applicant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 18.07.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this Revision.

As a consequence, application for urgent hearing is disposed off. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.01.31 17:33:55 IST