Premnarayan @ Halkesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 16439 MP

Madhya Pradesh High Court

Premnarayan @ Halkesh vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                          CRR No. 2525 of 2024
                                             (PREMNARAYAN @ HALKESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                  Mr. Ravi Ballabh Tripathi - Advocate for the petitioner.

                                  Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent/ State.

The revision, being arguable, is admitted for final hearing. Heard on I.A.No.10946 of 2024, which is first application under Section 397 (2) of CrPC for suspension of jail sentence and grant of bail to the petitioner.

This Criminal Revision assails the judgment dated 15.05.2024 passed by the Additional Additional Sessions Judge, Pichhore, District Shivpuri (M.P.) in Cr.A. No.28/2021 affirming the judgment dated 19.03.2021 passed in Criminal Case No.201161/2015 by JMFC, Pichhore, District Shivpuri (M.P.) by which the petitioner has been convicted for the offence under Section 25(1-b)(a) of the Arms Act to undergo rigorous imprisonment of one year with fine of Rs.500/-, with default stipulations.

Learned counsel for the petitioner submitted that both the courts below h a v e wro ngly convicted the petitioner 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 petitioner was on bail during trial as well as during appeal and never misused the liberty so granted. This criminal revision is likely to take long time to come up for final hearing and petitioner has hope and believe that he would succeed in the revision. Under these circumstances, he prayed to suspend the jail sentence of the petitioner.

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.10946 of 2024) is allowed.

It is directed that the petitioner be released on bail on 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 petitioner shall now appear before the Registry of this Court on 04.11.2024 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)