Dharmanshu Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 17540 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRR No. 4802 of 2023
                                          (DHARMANSHU SHARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri Yash Sharma - learned counsel for the applicant

                                 Shri R.K. Awasthi - learned Public Prosecutor for the respondent-State.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IA No. 19026 of 2023, which is the first application under Section 397(1) of CrPC for suspension of sentence and grant of bail filed on

behalf of applicant.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 25/09/2023 passed by Sessions Judge, Shivpuri (M.P.) in Cr.A. No.269/2022, affirming the judgment and sentence dated 30/07/2022 passed by JMFC, Shivpuri (M.P.) in Criminal Case No.741/2017, by which the applicant has been convicted under Section 25(1-B)(A) of the Arms Act and sentenced to undergo rigorous imprisonment of one year with fine of Rs.1000/- with default stipulation.

Learned Counsel for the revisionist/applicant submits that learned First

Appellate Court did not appreciate the evidence in proper prospective. Further, learned Appellate Court did not properly consider the contentions raised in the appeal. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of applicant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application for suspension of sentence and grant of bail. Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/20/2023 10:32:06 AM

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 applicant 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 01/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 19026/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Prachi

Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/20/2023 10:32:06 AM