Imran Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 28099 MP

Madhya Pradesh High Court

Imran Khan vs The State Of Madhya Pradesh on 4 October, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1                                CRR-4230-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          CRR No. 4230 of 2024
                                            (IMRAN KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 04-10-2024
                                 Mr. Amit Kumar Goswami - Advocate for the petitioner.

                                 Mr. Harish Sharma - Public Prosecutor for respondent/State.

Heard on the question of admission.

This criminal revision appears to be arguable, hence, it is admitted for final hearing.

Heard on I.A. No. 17354/2024 , which is First application for suspension of sentence and grant of bail filed on behalf of the petitioner.

This criminal revision under Section 397 read with Section 401 of CR.P.C. is preferred by the petitioner challenging the judgment of conviction and order of sentence dated 26.07.2024 passed by Forth Additional Sessions Judge, Dist. Vidisha (M.P.) affirming the judgment of conviction and sentence dated 02.06.2023 passed in Criminal Case No.1412/2022 by Chief Judicial Magistrate, Vidisha (M.P.) whereby, petitioner has been convicted and sentenced under Section 25 (1-B) (A) of Arms Act to undergo maximum

two years RI with maximum fine of Rs. 500/- with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that there are material contradictions and omissions in the statement of prosecution witnesses. The petitioner was on bail during trial and never misused the liberty so granted to him. He has already suffered six

2 CRR-4230-2024 months incarceration out of total jail sentence. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

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. 17354/2024) is allowed. It is directed that the petitioner be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one 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 16.12.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

Certified copy/e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)