CourtKutchehry.com
High CourtsSingle Bench

Chaman Gurjar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 December 2023 · Citation: (2023) 12 MP CK 0036

HON’BLE JUDGES
Prem Narayan Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 397(1) · Madhya Pradesh State Security Act, 1990 — Section 15
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 5662 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

10 paragraphs · 343 words

Prem Narayan Singh, J

1.

Heard on admission.

2.

The CRR is admitted for final hearing.

3.

Heard on I.A. No.18339/2023, an application under Section 397(1) of Cr.P.C for suspension of remaining jail sentence and grant of bail, filed on behalf of the petitioner.

4 . The petitioner has been convicted under Section 15 of MP State Security Act and sentenced to undergo 01 year RI.

5 . Learned counsel for the petitioner submitted that the applicant is innocent and has falsely been implicated in the present. The conviction and sentence has already been affirmed by learned appellant court. It is further submitted that the petitioner is in jail since 02.12.2023, there are material contradictions and omissions in the statements of witnesses. It is further submitted that the final hearing in the present case will commence only after completion of his sentence awarded in the aforesaid case. Final disposal of this revision would take considerable long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the petitioner be allowed.

6.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

7 . Looking to the facts and circumstances of the case, contention of learned counsel for the petitioner, the short sentence of the petitioner, without commenting on the merits of the case, the application is allowed and it is directed that subject to depositing the fine amount, if already not deposited, the petitioner shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 24.01.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision.

8.

Accordingly, I.A. No.18339/2023 stands allowed and disposed of.

9.

List the matter for final hearing in due course. Certified copy as per rules.