Pratap Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14624 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                            CRR No. 3664 of 2023
                   (PRATAP SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 05-09-2023
      Shri Pradeep Katare, Advocate for the petitioner.

      Ms. Ankita Mathur- Public Prosecutor for the respondent - State.

Admit.

Heard on I.A.No.15140 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397, 401

o f the Cr.P.C. against the impugned judgment dated 07.08.2023 in Cr.A.No.27/2022 passed by First Additional District Judge, Gohad, District Bhind (M.P.) affirming the judgment of conviction and sentence dated 28.9.2022 passed in Criminal Case No.491/2015 by Judicial Magistrate, First Class, Gohad, District Bhind (M.P.) whereby petitioner has been convicted and sentenced under Section 25(1-B)(A) of Arms Act to undergo rigorous imprisonment of one year with default stipulations.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further

submitted that the petitioner has already suffered more than one month of incarceration out of total jail sentence of one year. 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 rejection of the same.

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. 15140 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a 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 26.10.2023 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing on 26.10.2023. Certified copy as per rules.

(SUNITA YADAV) JUDGE

vpn VIPIN Digitally signed by VIPIN KUMAR AGRAHARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

KUMAR 2.5.4.20=d006bb3eabe783b3bf48b69363931df 2435ef7e2d1218660438085abe6d619cd, postalCode=474001, st=Madhya Pradesh, serialNumber=64BF959B6FFDEEF8E12C621667

AGRAHARI 40B3C771FFBCB05102395B93DC7FB337059A9 4, cn=VIPIN KUMAR AGRAHARI Date: 2023.09.06 12:16:17 +05'30'