Gudda Alias Shivratan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8168 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 2241 of 2023 (GUDDA ALIAS SHIVRATAN Vs THE STATE OF MADHYA PRADESH)

Dated : 29-05-2023 Shri B.S.Gour - Advocate for the petitioner.

Shri P.S.Raghuvanshi - Government Advocate for the State.

Heard on IA No.9213/2023, an application for urgent hearing during summer vacation.

For the reasons mentioned in the application, the same is allowed.

Heard on I.A.No.9214/2023, an application u/Sec. 397(1) 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 09.05.2023 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 Arms Act 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 Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 5/30/2023 11:20:50 AM

for dismissal of this application.

Considering the overall facts and circumstances of the case, I.A.No.9214/2023 is allowed and it is directed that the jail sentence of the 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.

(ROHIT ARYA) V. JUDGE

Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 5/30/2023 11:20:50 AM