Madhya Pradesh High Court
Ishwar vs The State Of Madhya Pradesh on 22 May, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
CR.R. No.2210/2023
(ISHWAR S/O HUKUM SINGH VS. STATE OF MADHYA PRADESH)
Dated : 22-05-2023
Shri Sachin Parmar, learned counsel for the petitioner.
Shri Gaurav Singh Chouhan, learned Government Advocate for
the respondent/State.
___________________________________________________________
Heard on I.A.Nos.7213/2023 and 7267/2023, application for
urgent hearing during Summer Vacation and application for condonation
of delay of 1502 days in filing this revision, respectively.
2. For the reasons mentioned in the said applications,
the same are allowed. Delay in filing this revision stands condoned.
3. Accordingly, I.A.Nos.7213/2023 and 7267/2023 are disposed of.
4. Also heard on the question of admission.
5. This Criminal Revision, appears to be arguable, hence it is
admitted for final hearing.
6. Heard on I.A.No.7211/2023, which is an application filed under
Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail to
the petitioner.
7. This criminal revision is directed against the judgment dated
02/01/2019 passed by Second Additional Sessions Judge, Shajapur (M.P.)
in Criminal Appeal No.30/2018, whereby the judgment dated 09/07/2018
passed by Judicial Magistrate First Class, District-Shajapur in Criminal
Case No.708/2017 has been maintained/confirmed. Consequently, the
petitioner stands convicted under Section 25(1-B)(B) of Arms Act and
sentenced to undergo R.I. for one year with fine of Rs.200/- and in
default to undergo R.I. for one month.
8. Learned counsel for the petitioner submits that present petitioner is
in jail and he has wrongly been convicted. Learned Courts below have
erred in appreciating the evidence on record. Fine amount has already
been deposited by the petitioner. Petitioner was on bail during trial and
he did not misuse the liberty so granted. The petitioner is permanent
resident of District-Ujjain. There are fair chances of success of this
revision and the revision may take long time for its conclusion. With the
aforesaid submissions, prayer for suspension of sentence is made.
9. The prayer is opposed by learned Public Prosecutor.
10. Taking into consideration the facts and circumstances of the case,
I.A. is allowed. It is, therefore, directed that if petitioner namely Ishwar
deposits the entire fine amount, if not already deposited, and furnishes a
personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with
a solvent surety in the like amount to the satisfaction of trial Court for his
appearance before the Registry of this Court on 07th August, 2023 and
on such subsequent dates as may be fixed in this regard, the sentences of
imprisonment awarded to him shall remain suspended till further orders
and he shall be released on bail.
11. List this case for final hearing in due course.
12. A copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(S.A. DHARMADHIKARI)
Aiyer* VACATION JUDGE
Digitally signed by
JAGADISHAN AIYER
Date: 2023.05.22
18:22:23 +05'30'
