Citation : 2023 Latest Caselaw 3779 MP
Judgement Date : 3 March, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 3167 of 2023 (VINOD SINGH RAJPOOT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-03-2023 Shri Akhand Pratap Singh, learned counsel for the appellants.
Shri Pramod Pachouri, learned Public Prosecutor for the State.
Heard on (I.A. No.4207/2023 and 4221/2023) applications u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants namely Vinod Singh and Samrath Singh Rajpoot.
This criminal appeal has been filed against the judgment dated 13.02.2023 passed in Special Case No.26/2015, by Special Judge (MPDVPK Act) District Bhind, whereby appellant- Vinod Singh has been convicted and sentenced under Sections 25(1-B)(A) of the Arms Act for three years RI with fine of Rs.1000/- and appellant- Samrath Singh Rajpoot has been convicted and sentenced under Sections 25(1-B)(A) of the Arms Act for three years RI with fine of Rs.1000/- with default stipulations.
It is submitted by counsel for the appellants that the appellants are in jail since the date of judgment. Fine amount has already been deposited by the
appellants. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.
On the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, applications (I.A. No.4207/2023 and 4221/2023) are allowed. Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/4/2023 3:02:21 PM
It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to their shall remain suspended till further orders and they shall be released on bail.
Applications (I.A. No.4207/2023 and 4221/2023) are allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary compliance.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
Adnan
Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/4/2023 3:02:21 PM
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