Surendra Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 14771 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRR No. 4070 of 2023
                  (SURENDRA SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 08-09-2023
       Shri Suresh Agrawal, learned counsel for the petitioner.

       Shri Purushottam Tanwar, learned Panel Lawyer for the State.
       Heard on the question of admission.
       Being arguable, the revision is admitted for final hearing.
       Heard on I.A. No. 16448 of 2023, which is application under Section
397 (3) of CrPC for suspension of sentence and grant of bail filed on behalf of

revisionist- petitioner.
       This criminal revision under Section 401 read with Section 397 of CrPC
has been filed against the judgment and sentence dated 07.08.2023 passed by
Sessions Judge, District Shivpuri       (M.P.) in Cr.A. No.20/2023, whereby
confirming the judgment and conviction dated 24.12.2022 passed by Judicial
Magistrate First Class, Shivpuri (M.P.) in RCT No.696/2018 by which the
revisionist- petitioner Surendra Sharma 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.1,000/- with default stipulations.

          Learned Counsel for the        revision-petitioner submits that learned
Appellate Court did not appreciate the evidence in proper perspective. Further,
the learned Appellate Court did not properly consider the contentions raised in
the appeal. The revision-petitioner was on bail during trial and he did not misuse
the liberty so granted to him. 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 revision petitioner may be suspended and he may be
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enlarged on bail.
                     Per contra, learned Counsel for respondent/State opposes the

application and prays for rejection of suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties, regard being had to the period of short sentence awarded to the petitioner, 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 revision petitioner 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 for his appearance before the Registry of this Court on 20.11.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 16448 of 2023 stands allowed and disposed of. List the case for final hearing in due course. Certified copy as per rules.

SANJEEV S KALGAONKAR) JUDGE

AK/-

ANAND KUMAR 2023.09.09 10:34:59 +05'30'