Citation : 2024 Latest Caselaw 28229 MP
Judgement Date : 14 October, 2024
1 CRA-11369-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11369 of 2024
(PUTTU SINGH Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Shri Trishant Mishra - Advocate for the appellant.
Shri Yogesh Parashar - Public Prosecutor for the State.
Heard on admission.
Appeal being arguable, is admitted for final hearing.
Record of the trial Court be called for.
Also heard on I.A.No.21551 of 2024 , first application under Section
389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the
appellant.
2. This Criminal Appeal assails the judgment dated 27.09.2024 passed in
S.T.No.196/2020 by the Sessions Judge, Bhind, whereby the appellant has
been convicted under Section 307 of IPC and Sections 25(1-b)(a) and 27(1)
of the Arms Act with maximum sentence of three years RI.
3. 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 the jail sentence
of appellant has already been suspended by the Trial Court for a temporary
period. Amount of fine has already been deposited by him. He was on bail
during trial, but he did not misuse the liberty so granted. There is no
likelihood of hearing of the instant appeal in near future. Hence, prayed to
suspend the jail sentence and grant of bail to the appellant.
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 15-Oct-24
10:54:14 AM
2 CRA-11369-2024
4. Learned counsel for the respondent/State opposed the application and
prayed for its rejection.
5. Heard learned counsel for the parties and perused the material available on record.
6. Considering the submissions advanced by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 21551 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.70,000/- (Rupees Seventy 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 on 06/01/2025 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
ms/-
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