Brajesh Purviya vs The State Of Madhya Pradesh
2023 Latest Caselaw 16502 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRR No. 3122 of 2023
                                            (BRAJESH PURVIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-10-2023
                                Shri Rajendra Kumar Raghuvanshi - Advocate for applicant.

                                Shri D.K.Shrivastava - Government Advocate for respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A. No.17078/2023, this is first application for suspension

of sentence and grant of bail filed under Section 397(1) of Cr.P.C. moved on behalf of applicant.

The applicant has been convicted vide judgment dated 23.6.2023 passed by Additional Sessions Judge to the Court of IInd Additional Judge, Bareli District Raisen in Cr.A. No. 47/2019, whereby appeal preferred by applicant against judgment dated 15.10.2019 passed by Judicial Magistrate First Class, Bareli District Raisen in RCT No. 200292/2012 has been dismissed by affirming the judgment of conviction and order of sentence a n d convicted for commission of offence punishable under Sections 25(1)(1-B)(A) and 26 of

Arms Act and sentenced hims to undergo R.I. for 3 years for each offence and to pay fine amount of Rs.100/- respectively with usual default stipulations.

Learned counsel for the applicant submitted that the applicant has been convicted for commission of offence punishable under Sections 25(1)(1-B)(A) and 26 of Arms Act and sentenced him to undergo R.I. for 3 years and he has already completed more than 7 months of custodial period. It is also submitted that there are fair chances of success of this revision petition and short sentence has been involved in the matter and if the custodial sentence of applicant has Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/7/2023 10:20:11 AM

not been suspended, the revision preferred by applicant may turn infructuous, hence he has prayed for suspension of jail sentence and release of the applicant on bail till the final disposal of the revision.

On the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant, the short sentence of the applicant and according to listing policy the hearing of this revision will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against

the applicant shall remain suspended during the pendency of this revision and h e be released on bail subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. F ifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 18/12/2023 and on such further dates as may be fixed by trial Court in this regard during the pendency of this revision.

List the matter for final hearing in due course. C.C. as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/7/2023 10:20:11 AM