Dharu Singh @ Bharat Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9885 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                               CRR No. 2635 of 2023
              (DHARU SINGH @ BHARAT SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 30-06-2023
         Shri R.S. Yadav- learned counsel for the applicant.

         Shri Prabhat Pateriya - learned Public Prosecutor for the respondent-

State.

Heard on admission.

Let record of the learned Trial Court be called for. Revision appears to be arguable, is admitted for final hearing.

Also heard on IA No. 11108 of 2023, which is the first application under Section 397(1) of CrPC for suspension of sentence and grant of bail filed on behalf of applicant.

This criminal revision under Section 397, 401 of CrPC has been filed against the judgment and sentence dated 07/06/2023 passed by Second Additional Sessions Judge, Vidisha (M.P.) in Cr.A. No.12/2023 thereby affirming the judgment and sentence dated 17/01/2023 passed by CJM, Vidisha (M.P.) in Criminal Case No.2050/2022, by which the applicant has been convicted under Section 25(1-b) (b) of the Arms Act and has been sentenced

to undergo simple imprisonment of one year with a fine of Rs. 500/- with default stipulation.

Learned Counsel for the applicant submits that the Trial Court did not consider the evidence of independent witnesses who have not supported the case of the prosecution. The trial Court committed an error in convicting the sole appellant by testimony of Investigating Officer which is fully inconsistent and contradictory. Learned First Appellate Court also did not appreciate the

evidence in proper prospective. Further, learned Appellate Court failed to consider the contentions raised in the appeal. The applicant is in custody since 19/12/2022. No criminal antecedents have been reported against him. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of applicant 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 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 applicant shall remain suspended during pendency of this revision 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 28.07.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 11108/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Prachi

PRACHI MISHRA 2023.06.30 17:05:33 +05'30'