Bharat Pathak vs The State Of Madhya Pradesh
2024 Latest Caselaw 16061 MP

Madhya Pradesh High Court

Bharat Pathak vs The State Of Madhya Pradesh on 29 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRR No. 2501 of 2024
                                        (BHARAT PATHAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-05-2024
                                 Mr. Kushagra Shukla - Advocate for the petitioner.

                                 Mr. P. Tanwar - Panel Lawyer for the respondent - State.

The revision being arguable is admitted for final hearing. Heard on I.A. No. 10164 of 2024, an application under Section 397 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants.

This Criminal Revision assails the judgment dated 15.5.2024 passed by

the Eleventh Additional Sessions Judge, Gwalior, District Gwalior (M.P.) in Cr.A. No.469/2023, whereby the judgment dated 16.8.2023 passed in RCT No.8757/2016 by JMFC, Gwalior, District Gwalior (M.P.) was affirmed and the petitioners have been convicted for the offence under Section 25 (1-B)(A) of Arms Act to undergo rigorous imprisonment of one year with fine of Rs.500/-.

Learned counsel for the petitioners submitted that both the courts below h a v e wrongly convicted the petitioners without appreciating the evidence properly available on record. There are material omissions and contradictions in the statements of prosecution witnesses. It is further argued that petitioners

were on bail during trial as well as during appeal and never misused the liberty so granted. Petitioners have already suffered 21 days of incarceration out of total jail sentence awarded. This criminal revision is likely to take long time to come up for final hearing and petitioners have hope and believe that they would succeed in the revision. Under these circumstances, he prayed to suspend the jail sentence of the petitioners.

Per contra, learned counsel for respondent/State opposed the application

and prayed for its rejection.

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

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A.No.10164 of 2024) is allowed.

I t is directed that the petitioners be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court. The petitioners shall now appear before the Registry of

this Court on 24.10.2024 and on all other dates which may be given by the Office for their appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS