Usev Pardi vs The State Of Madhya Pradesh
2024 Latest Caselaw 21158 MP

Madhya Pradesh High Court

Usev Pardi vs The State Of Madhya Pradesh on 5 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1                              CRR-2923-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRR No. 2923 of 2024

(USEV PARDI Vs THE STATE OF MADHYA PRADESH )

Dated : 05-08-2024 Shri M. Shafiqullah - Advocate for applicant. Ms. Hemlata Kshatariya - Panel Lawyer for State.

Records of the Courts below have been received. Heard on admission.

The revision being arguable is admitted for final hearing.

Also heard on I.A. No.14676/2024 , which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 25(1-b)(b) of Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- with default stipulation.

The aforesaid conviction and sentence has been affirmed by the lower appellate Court.

Learned counsel for the applicant has submitted that both the Courts below have not properly appreciated the oral and documentary evidence

available on record and committed error in convicting the applicant for aforesaid offence. The maximum sentence awarded to the applicant is one year. The applicant is in custody and disposal of this case would take considerable time, therefore, custodial sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for State has opposed the application and prayed for

2 CRR-2923-2024 its rejection.

Having considered the submissions and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 12.11.2024 and on such other dates as may be

fixed in this regard during pendency of this revision, without fail.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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