Prem Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 15892 MP

Madhya Pradesh High Court

Prem Singh vs The State Of Madhya Pradesh on 28 May, 2024

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                         CRR No. 2544 of 2024
                                                (PREM SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-05-2024
                                    Mr. Subodh Choudhary - Advocate for applicant.

                                    Ms. Geetanjali Chaurasiya - Govt. Advocate for the respondent/State.

Heard on IA No.8266/2024, which is an application for suspension of sentence under Section 397 (1) of Cr.P.C. on behalf of the applicant Prem Singh.

Applicant has been convicted by the JMFC, Nagda, District Ujjain for the offence punishable under Section 25(1-B)(A) of the Arms Act and has been sentenced to undergo for 2 years rigorous imprisonment with fine of Rs.2000/- with default stipulation. The order of conviction and sentence has been affirmed by the Additional Sessions Judge, Nagda, District Ujjain and the appeal has been dismissed.

As per prosecution story, the the applicant was found carrying country made pistol in working order without licence.

Learned counsel for the applicant submits that applicant is an innocent

person and has been falsely implicated in the offence. He has no criminal past. Applicant has been awarded short sentence of only one year. There are material contradictions and omissions in the statement of witnesses. Looking to the old pendency of the cases for consideration, final conclusion of this revision would take sufficient long time. Hence, the execution of remaining part of the jail sentence of the applicant be suspended till the final disposal of this revision.

On the other hand, learned Govt. Advocate appearing for the respondent / State opposes the prayer.

Heard learned counsel for the parties and perused the impugned judgments.

Looking the facts and circumstances of the case, nature and gravity of offence and also looking to the fact that applicant has no criminal antecedent; as para 27 of the judgement also no prior conviction has been proved and final conclusion of the revision will also take sufficient long time. In the considered view of this Court, it is proper to suspend the remaining custodial sentence of the applicant.

Accordingly, I.A.No.8266/2024 is allowed and it is directed that subject to deposit of fine amount, if not already deposited and subject to furnishing

personal bond by the applicant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 08/07/2024 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of remaining jail sentence of the applicant shall remain suspended, till the final disposal of this revision.

Let record of Courts below be requisitioned.

Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

Tej