Madhya Pradesh High Court
Parwat Singh Silawat vs The State Of Madhya Pradesh on 27 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4445 of 2023
(PARWAT SINGH SILAWAT Vs THE STATE OF MADHYA PRADESH)
Dated : 27-10-2023
Shri Sandeep Kostha - Advocate for applicant.
Shri D.K. Shrivastava - Government Advocate for respondent/State.
Record of courts' below is still awaited.
Office is directed to issue remainder in this regard.
Heard on the question of admission.
Revision is admitted for final hearing.
Als o heard on I.A. No.22898/2023, this is the first application for
suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on
behalf of applicant.
T h e applicant has been convicted vide judgment dated 26/07/2023
passed by Second Additional Sessions Judge, Bareli to the Court of Additional
District Judge, Bareli, District Raisen in Cr.A. No. 11/2021, whereby appeal
preferred by applicant against judgment dated 13/02/2021 passed by Judicial
Magistrate First Class, Bareli, District Raisen in Criminal Case No. 165/2019 got
dismissed by affirming the judgment of trial Court and applicant has b een
found guilty for commission of offence punishable under Section 25(1)(1-B)
(A) of Arms Act and sentenced to undergo RI for 1 year and to pay fine of
Rs.100/- with usual default stipulations.
Learned counsel for the applicant submits that the trial Court as well as
appellate Court have not properly appreciated the evidence in its proper
perspective and committed grave error in convicting the applicant for aforesaid
offence. There are fair chances of success of this revision and final hearing of
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
same will take considerable time, therefore, if remaining custodial sentence has
not been suspended, then the revision filed by applicant may turn infructuous.
Under these circumstances, learned counsel for applicant prays for suspension
of jail sentence and release of the applicant on bail till the final disposal of the
revision.
O n the other hand, learned Government Advocate has opposed the
contention raised by learned counsel for applicant and prays for rejection of
said application.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicant coupled with the fact that short sentence of 1 year RI
has been awarded to 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 applicant shall remain
suspended during the pendency of this revision and he be released on bail
subject to depositing entire fine amount, if already not deposited and upon his
furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only)
with one surety in like amount to the satisfaction of the trial Court for his
appearance before the trial Court on 22/12/2023 and on such further dates as
may be fixed by trial Court it in this regard during the pendency of this revision.
List the revision for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
