Sonu vs The State Of Madhya Pradesh
2023 Latest Caselaw 18280 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRR No. 5065 of 2023
                                                    (SONU Vs THE STATE OF MADHYA PRADESH)

                            Dated : 01-11-2023
                                   Shri Vishal Singh Bhadoria, learned counsel for the petitioner.

                                   Shri Nitin Goyal, learned Panel Lawyer for the State.
                                   Heard on admission.
                                   Being arguable, this revision is admitted for final hearing.
                                   Heard on IA No. 19926 of 2023, which is the application under Section
                            397(1) of CrPC for suspension of sentence and grant of bail filed on behalf of

                            petitioner.
                                   This criminal revision under Section 397 read with Section 401 of CrPC
                            has been filed against the judgment and sentence dated 09.10.2023 passed by
                            Seventh Additional Sessions Judge, Bhind          District Bhind (M.P.) in Cr.A.
                            No.21/2022, affirming the judgment and sentence dated 15.02.2022 passed by
                            JMFC, Bhind, District Bhind (M.P.) in Criminal Case No.1472/2018, by which
                            the petitioner has been convicted under Section 25 (1-B) (A) of Arms Act and
                            sentenced to undergo rigorous imprisonment of             two yaers with fine of
                            Rs.1,000/-, with default stipulation.

                                   Learned Counsel for the           revision petitioner submits that learned
                            Appellate Court did not appreciate the evidence in proper perspective. Further,
                            the learned Appellate Court did not properly consider the contentions raised in
                            the appeal. Fine amount has already been deposited by the petitioner. There is
                            n o likelihood of early hearing of revision in near future. On these grounds,
                            learned Counsel prays that execution of remaining jail sentence of revision
                            petitioner may be suspended and he may be enlarged on bail.
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 02-11-2023
10:24:07 AM
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                                    Per contra, learned Counsel for respondent/State opposes the

application for suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of petitioner shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before

the Registry of this Court on 06/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 19926/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 02-11-2023 10:24:07 AM