Shailesh Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 19619 MP

Madhya Pradesh High Court

Shailesh Lodhi vs The State Of Madhya Pradesh on 23 November, 2023

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 5376 of 2023
                                             (SHAILESH LODHI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-11-2023
                                 Shri D.S. Raghuvanshi - Advocate for the petitioner.

                                 Shri Kuldeep Singh - Public Prosecutor for the respondent/State.

Heard on I.A.No.21176 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 - Shailendra Lodhi.

T h is revision is preferred by the petitioner/accused challenging the judgment dated 07/11/2023 passed by Sessions Judge, District Shivpuri in Criminal Appeal No. 385/2022, whereby the appellate Court has dismissed the appeal filed by the present petitioner challenging the judgment of conviction and sentence dated 26.11.2022 passed by Judicial Magistrate First Class, Kolaras, District Shivpuri in Criminal C a s e No.500/2019 and RCT No.302/2019, whereby, the petitioner has been convicted under section 25(1-B)(A) of Arms Act and sentenced to undergo rigorous imprisonment of One year with fine of Rs.500/- 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 is in custody since 07.11.2023. Present revision is likely to take long time to come up for final 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.21176 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. 40,000/- (Rs. Forty Thousand Only) with one solvent 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 02.01.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

Let record of the trial Court be called for.

List this case for admission after receipt of record. Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Monika