Dalveer Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18953 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 5146 of 2023 (DALVEER SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 08-11-2023 Shri Deependra Singh Kushwah, learned counsel for the Petitioner.

Shri Rajendra Singh Yadav - P.P. appearing on behalf of Advocate General.

Admit.

Heard on I.A.No.20211 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the sole

petitioner- Dalveer Singh.

This revision is preferred by the petitioner accused challenging the judgment dated 20/10/2023 passed by 7th Additional Sessions Judge, District Bhind in Criminal Appeal No. 50/2018, whereby the appellate Court has dismissed the appeal filed by the present petitioner challenging the judgment of conviction and sentence dated 26/03/2018 passed by Judicial Magistrate First Class, District Bhind in Criminal Case No.953/2016, whereby, the petitioner has been convicted under section 34(2) of Excise Act and sentenced to undergo rigorous imprisonment of One year and six months with fine of Rs. 50,000/-

with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that there are material contradictions and omissions in the statement of prosecution witnesses. It is further argued that the petitioner has already suffered incarceration of approximately 44 days out of total awarded sentence of 18 months. Present revision is likely to take long time to come up for final Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 10:57:24 AM

hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A.No.20211 of 2023) is allowed.

I t is directed that the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court.

The petitioner shall now appear before the Registry of this Court on 18.12.2023 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

List the case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 10:57:24 AM