Jitendra Singh vs State Of Madhya Pradesh

Rajendra Kumar Vani, J

Heard on admission.

Admit.

Record has already been received.

Also heard on I.A. No. 8992 of 2024, which is first application under Section 397 of Cr.P.C. for suspension of sentence and grant of bail filed by the petitioner.

This Criminal Revision assails the judgment dated 26.4.2024 passed by First Additional Sessions Judge, Dabra, District Gwalior in Cr.A. No.07/2021, whereby petitioner has been convicted under Section 25 (1-B) (a) read with Section 3 of the Arms Act, 1959 and has been sentenced to undergo rigorous imprisonment of one year and six months with fine of Rs.1000/-.-with default stipulations.

6 . Petitioner so far has suffered incarceration of 8 days as stated by the learned counsel for the petitioner.

Learned counsel for the petitioner while taking exception to the impugned judgment of conviction and order of sentence submits that the Sessions Court has not appreciated the evidence placed on record in correct perspective. The judgment suffers from surmises and conjectures. The petitioner has falsely been implicated in the instant case. It is also submitted that during trial, petitioner so far has suffered incarceration of 8 days. It is further submitted that the petitioner is in custody since the date of judgment i.e. on 26.4.2024. Final hearing of this revision is not possible in near future. On these grounds, it has been prayed that the petitioner may be extended the benefit of suspension of sentence and grant of bail.

8 . Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State, while supporting the judgment impugned submits that no exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present petitioner.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, regard being had to the obtaining facts and circumstances of the case, period of custody suffered by the petitioner and the revision which is of the year 2024 is not likely to be decided in the near future, this court is of the view that petitioner is entitled to the benefit of suspension of sentence and grant of bail.

Accordingly, I.A. No. 8992 of 2024 stands allowed and it is directed that the jail sentence of petitioner shall remain suspended during pendency of the present revision and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

Petitioner is directed to appear before the Registry of this Court first on 24.09.2024 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the IA stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the revision.

Certified copy as per rules.