Ramesh Singh vs State Of Madhya Pradesh

Roopesh Chandra Varshney, J

Heard on admission.

Let record of the Courts below be requisitioned.

Admit.

Also heard on I.A. No.26989/2023, an application under Section 397 of the Cr.P.C. filed on behalf of applicant for suspension of sentence and grant of bail.

T h e applicant has been convicted vide judgment dated 31/10/2023 passed by Sessions Judge, Panna in Cr.A. No.98/2023, arising out of judgment dated 04/08/2023 passed by Chief Judicial Magistrate, Panna in RCT No.720/2017, whereby learned appellate Court dismissed the appeal filed by the applicant and affirmed the judgment passed by the trial Court wherein the trial Court found the applicant guilty for commission of offence punishable under Sections 25(1-B)(A) of the Arms Act and sentenced him to undergo R.I. for one year with fine of Rs.500/- with usual default stipulations.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the prosecution evidence properly, wrongly found the applicant guilty for the aforesaid offence. The applicant is in custody since 31/10/2023. Hence, prayed for suspension of the jail sentence and release the applicant on bail, as the final hearing of this revision will take time.

P e r contra, learned counsel for State while opposing the prayer, supported the impugned judgment. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the applicant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant, short sentence awarded to the applicant and the fact that applicant is in judicial custody since 31/10/2023, this revision is of the year 2023 and hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence passed against applicant shall remain suspended during the pendency of this revision and he be released on bail subject to depositing fine amount, if not already deposited and on 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 trial Court for his appearance before the trial Court concerned on 22.12.2023 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

List the case for final hearing in due course alongwith the record.

Certified copy as per rules.