SURENDRA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission. Being arguable, the revision is admitted for final hearing.

(2.) Heard on I.A. No. 16448 of 2023, which is application under Sec. 397 (3) of CrPC for suspension of sentence and grant of bail filed on behalf of revisionist- petitioner. This criminal revision under Sec. 401 read with Sec. 397 of CrPC has been filed against the judgment and sentence dtd. 7/8/2023 passed by Sessions Judge, District Shivpuri (M.P.) in Cr.A. No.20/2023, whereby confirming the judgment and conviction dtd. 24/12/2022 passed by Judicial Magistrate First Class, Shivpuri (M.P.) in RCT No.696/2018 by which the revisionist- petitioner Surendra Sharma has been convicted under Sec. 25 (1- B) (A) of Arms Act and sentenced to undergo rigorous imprisonment of one year with fine of Rs.1,000.00 with default stipulations.

(3.) Learned Counsel for the revision-petitioner submits that learned Appellate Court did not appreciate the evidence in proper perspective. Further, the learned Appellate Court did not properly consider the contentions raised in the appeal. The revision-petitioner was on bail during trial and he did not misuse the liberty so granted to him. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of revision petitioner may be suspended and he may be enlarged on bail. Per contra, learned Counsel for respondent/State opposes the application and prays for rejection of suspension of sentence and grant of bail. Upon hearing learned Counsel for parties, regard being had to the period of short sentence awarded to the petitioner, but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of revision petitioner shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000.00 (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court for his appearance before the Registry of this Court on 20/11/2023 and on further dates as may be directed by the Registry in that regard. Accordingly, I.A. No. 16448 of 2023 stands allowed and disposed of.