Indar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9912 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                               CRR No. 2602 of 2023
                       (INDAR SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 30-06-2023
      Shri Mayank Bajpai- learned counsel for the applicant.

      Shri S.K. Awasthy- learned counsel for the respondent- State.

Heard on admission.

Call for the record.

Also heard on IA 10832 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 has been filed against the judgment dated 09.05.2023 passed by Additional Sessions Judge, Shivpuri in Criminal Appeal No.26 of 2019 affirming the appeal whereby the applicant stood convicted under Section 25 (1-B) A of the Arms Act and sentenced to undergo one-one year RI with fine of Rs.200/- with default stipulation.

Learned Counsel for applicant submits that the applicant is in custody. He further submits that impugned judgment passed by learned trial Court is based on conjectures and assumption. The learned Trial Court has committed

an error in convicting and sentencing the present applicant without appreciating the prosecution evidence properly. There are material contractions and inconsistencies in the evidence of witnesses. Learned First Appellate Court has also erred in confirming the judgment and sentence without due appreciation of evidence and the contentions raised in appeal. The applicant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the applicant. The revision is of year 2023 and 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, regard being had to the fact that the revision is of the year 2023 and there is no likelihood of early hearing of the revision in near future, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of

appellant shall remain suspended during pendency of this revision and he shall b e 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. stands allowed and disposed of. List after receipt of record.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

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ABDUR RAHMAN 2023.07.01 11:04:09 +05'30'