Madhya Pradesh High Court

Jabar Singh vs The State Of Madhya Pradesh on 9 May, 2024

                                                                  1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRR No. 2007 of 2024
                                           (JABAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-05-2024
                                  Shri Prabal Pratap Singh Solanki - Advocate for the petitioners.

                                  Shri Ramadhar Choubey - Public Prosecutor for the respondent/State.

Heard on admission.

2. Admit.

3. Record has already been received.

4. Also heard on I.A.No.8436 of 2024, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioners.

5. This revision is preferred by the petitioners/accused challenging the judgment dated 22.04.2024 passed by Second District and Additional Sessions Judge, Gohad, District Bhind in Criminal Appeal No.35/2022, whereby the Appellate Court has dismissed the appeal filed by the present petitioners challenging the judgment of conviction and sentence dated 16.11.2022 passed by Judicial Magistrate First Class, Gohad District Bhind (M.P.) in Criminal

Case RCT No.198/2019, whereby petitioners have been convicted under Section 25(1-B)(H) of Arms Act and sentenced to undergo rigorous imprisonment of one year each.

6. Petitioners so far has suffered incarceration of 09 days as stated by the learned counsel for the petitioners.

7. Learned counsel for the petitioners while taking exception to the impugned judgment of conviction and order of sentence submits that the Sessions Court has not appreciated the evidence placed on record in correct

perspective. The judgment suffers from surmises and conjectures. The petitioners have falsely been implicated in the instant case. It is further submitted that the petitioners are in custody since the date of judgment. Final hearing of this revision is not possible in near future. On these grounds, it has been prayed that the petitioners may be extended the benefit of suspension of sentence and grant of bail.

8. Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State, while supporting the judgment impugned submits that no exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved

against the present petitioners.

9. Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, regard being had to the obtaining facts and circumstances of the case and the revision which is of the year 2024 is not likely to be decided in the near future, this Court is of the view that petitioners are entitled to the benefit of suspension of sentence and grant of bail.

10. Accordingly, I.A. No.8436 of 2024 stands allowed and it is directed that the jail sentence of petitioners shall remain suspended during pendency of the revision and they shall be released on bail subject to verification of the factum of depositing the fine amount and on their furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand only) each with one solvent surety in the like amount to the satisfaction of the concerned trial Court.

11. Petitioners are directed to appear before the Registry of this Court first on 23.09.2024 and on other subsequent dates as may be fixed in this behalf.

12. Accordingly, the IA stands allowed and disposed of.

13. Observation on facts, if any, are only for the purpose of deciding the instant IA and shall have no bearing on the merits of revision.

Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Monika