Citation : 2023 Latest Caselaw 8085 MP
Judgement Date : 18 May, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 2144 of 2023 (ANURAG BHADORIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 18-05-2023 Shri Rajiv Budholia - Advocate for the petitioner.
Shri M.S.Jadoun - Government Advocate for the State.
Heard o n I.A.No.9078/2023, an application u/Sec. 397 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of petitioner.
T h is criminal revision has been filed against the judgment dated
09.05.2022 passed by the Seventh Additional Sessions Judge, Bhind, in Criminal Appeal No.5/2022 affirming the judgment dated 23.12.2021 passed by t h e JMFC, Bhind, in RCT No.51/2016, whereby the petitioner has been convicted under Section 25(1-B)(A) of IPC with fine of Rs.1000/- and sentenced to undergo three years' RI with default stipulation.
As per prosecution case, on an information received from informant that a 32 bore countrymade pistol along with two live cartridges has been seized by the police concerned from the possession of the petitioner.
Learned counsel for the petitioner submits that the jail sentence of the
petitioner has been suspended by the trial Court. The petitioner was on bail during trial and he has not misused the liberty granted to him. Hence, counsel for the petitioner prays for suspension of sentence and grant of bail to the petitioner.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.
Considering the overall facts and circumstances of the case, I.A.No.9078/2023 is allowed and it is directed that the jail sentence of the Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM
petitioner shall remain under suspension, on the petitioner's furnishing bail bond o f Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28.08.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.
I t is made clear that if the petitioner is found indulged in any criminal activities in future, then State is set at liberty to move an appropriate application for cancellation of bail of the petitioner.
Certified copy as per rules.
(MILIND RAMESH PHADKE) V. JUDGE
Vijay
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM
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