Santu @ Risal vs The State Of Madhya Pradesh
2024 Latest Caselaw 6568 MP

Madhya Pradesh High Court

Santu @ Risal vs The State Of Madhya Pradesh on 4 March, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 2667 of 2024
                                             (SANTU @ RISAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-03-2024
                                Shri Madan Mohan Tripathi - Advocate for appellant.

                                Shri Atul Sharma - Panel Lawyer for respondent/State.

I.A. No. 4417 of 2024, an application under Section 5 of Limitation Act, is taken up, considered and allowed for the reasons mentioned therein and the delay in filing this revision is hereby condoned.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 4438 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal appeal assails the judgment dated 25.11.2023 passed by the Sessions Judge, Bhind, District Bhind (M.P.) in S.T.No.16/2022, whereby appellant has been convicted and sentenced under Section 25 (1) (a) of the Arms Act to undergo rigorous imprisonment of seven years with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant without properly appreciating the evidence available on record. The appellant has arrayed as accused in this case on account of memorandum of co-accused. Further argument is that there are material omissions and contradictions in the statements of prosecution witnesses. Co- accused Vikas has already been granted the benefit of suspension by order dated 20.02.2024 in Cr.A.No.15051 of 2023. Katta was seized from possession

of house of the appellant. No independent witness has been made to prove the seizure. The appellant was bail during trial and he never misuse the liberty so granted to him. This criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant.

Learned Panel Lawyer for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A. No.4438 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 21.5.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE AK/-