Suraj Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 27742 MP

Madhya Pradesh High Court

Suraj Singh vs The State Of Madhya Pradesh on 3 October, 2024

                                                               1                              CRA-11549-2023
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                      CRA No. 11549 of 2023
                                              (SURAJ SINGH Vs THE STATE OF MADHYA PRADESH )



                          Dated : 03-10-2024
                                Shri Pradhuman Singh Bhadauria - Advocate for appellant.
                                Shri B.P.S. Chauhan - Public Prosecutor for the State.

                                Heard on I.A.No.17249 of 2024 , second application under Section 389(1)
                          of Cr.P.C for suspension of jail sentence and grant of bail moved on behalf of the
                          appellant - Suraj Singh.

                                This Criminal Appeal assails the judgment of conviction and order of
                          sentence dated 29.08.2023 passed by Special Judge (Dacoity) Bhind in SC DOCT
                          No.19/2016, whereby the appellant has been convicted under Section under
                          Section 25(1)(1-B)(a) of Arms Act and sentenced to undergo RI for five years with
                          fine of Rs.5,000/- with default stipulation.
                                Learned counsel for the appellant submits that the trial Court has wrongly
                          convicted the appellant without proper appreciation of facts of the case as well as
                          evidence on record. He further submits that co-accused Bhagirath, Dinesh Sahu
                          and Koushal Shrivas have already been granted benefit of suspension of sentence
                          vide order dated 14.08.2024 passed in Cr.A. No.11628/2023, order dated

                          20.11.2023 passed in Cr.A. No.11661/2023 and order dated 20.11.2023 passed in
                          Cr.A. No.11782/2023 respectively. It is submitted that the case of present
                          appellant is more or less similar to that of aforesaid co-accused persons. From all
                          accused, some quantity of country made pistol and live cartridges have been
                          seized. There is no likelihood of hearing of the instant appeal in near future and
                          hence, learned counsel prays to suspend the jail sentence and grant bail to the


Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 10/3/2024
7:11:51 PM
                                                                2                              CRA-11549-2023
                          appellant.
                                 Learned counsel for the respondent/State vehemently opposed the

application and prayed for its rejection. However, he fairly submits that case of present appellant is more or less similar to that of aforesaid co-accused persons who have been granted benefit of suspension of sentence.

Heard learned counsel for the parties and perused the material available. Considering the submissions made by learned counsel for the parties as well as the facts and circumstances of the case, without commenting on merits of the case, I.A.No.17249 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a 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. The appellant is further directed to mark his appearance before the Registry of this Court first on 09/12/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

Aman