Gulab Kahar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7564 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6592 of 2021
                                               (GULAB KAHAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2023
                                  Shri Manish Datt, Senior Advocate with Shri Pawan Gujar, counsel for

                          the appellant.
                                  Shri Ravindra Shukla, Panel Lawyer for the respondent / State.

Heard on the question of admission.

Appeal seems to be arguable. hence, it is admitted for final hearing.

Heard on I.A.No.9262/2023, which is repeat application for suspension of custodial sentence passed against appellant Gulab Kahar and release him on bail.

The first and third applications for suspension of custodial sentence of appellant Gulab Kahar and release on bail have been dismissed as withdrawn by the coordinate Bench of this Court vide orders dated 11.01.2022 and 14.02.2023 and second application for suspension of custodial sentence of appellant has been dismissed by the coordinate Bench of this Court vide order dated 22.06.2022.

This appeal has been preferred against the judgment dated 27.10.2021 passed by 3rd Additional Sessions Judge, Gadarwara, District Narsingpur in S.T. No.34/2017 whereby learned Additional Sessions Judge found the appellant guilty for the offence punishable under Section 5 of Explosive Substances Act, 1908 and sentenced him to undergo R.I. for five years and fine of Rs.2,000/- with default clause.

Learned counsel for the appellant submits that there are many contradiction and omissions in the statement of the seizure witnesses (PW/1 & Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/10/2023 4:35:15 PM

PW/2), who did not support the prosecution case and turned hostile. The appellant has no criminal antecedents. Appellant is the first offender. Appellant is in custody since the date of judgment i.e. 27/10/2021. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

Learned counsel for the State opposed the prayer and submitted that earlier two applications of the appellant have been dismissed as withdrawn and one application has been dismissed on merit. It is further submitted that from the prosecution evidence guilt of the appellant is clearly proved, so the learned trial Court did not commit any mistake in finding the appellant guilty for the

aforesaid offences, so the sentence of the appellant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel of the appellant and the custody period of appellant and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Trial Court on 06/10/2023 and on such further dates as may be fixed in this behalf by it during the pendency of this appeal.

List the case for final hearing in due course. C.C. on payment of usual charges.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/10/2023 4:35:15 PM

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/10/2023 4:35:15 PM