Madhya Pradesh High Court
Vijay Singh Rawat vs The State Of Madhya Pradesh on 22 February, 2019
THE HIGH COURT OF MADHYA PRADESH Cr.
Cr.R.1024/2019
(Vijay Singh Rawat Vs. State of MP)
Gwalior, dated 22.02.2019
Shri Aaishwarya Joshi, Advocate for the applicant.
Shri Kshitij Sharma, Public Prosecutor, for the
respondent/State.
Heard on admission.
Since arguable points are involved, the revision is admitted for final hearing.
Record of the trial Court be requisitioned. No fresh notice is necessary as Public Prosecutor has already appeared for the respondent/State.
Also heard on I.A.No.1367/2019, an application filed under Section 397 (1) of Cr.P.C for suspension of sentence moved on behalf of the applicant.
The applicant has been convicted for the offence under Section 25(1-b) of Arms Act and sentenced to undergo RI for one year with a fine of Rs.500/-, with default stipulation.
Learned counsel for the applicant submits that the applicant was on bail during the trial and he had not misused the liberty so granted to him. The applicant cannot be kept in custody unnecessarily otherwise the purpose of filing the present revision will render infructuous. Applicant has THE HIGH COURT OF MADHYA PRADESH Cr. Cr.R.1024/2019 (Vijay Singh Rawat Vs. State of MP) deposited the fine amount before the trial Court. Under these circumstances, he prays for suspension of his remaining jail sentence and grant of bail.
Learned Public Prosecutor opposes the application. After considering the submissions made by learned counsel for the applicant and looking to the facts and circumstances of the case, the application I.A. No. 1367/2019 is hereby allowed and it is directed that if the applicant furnishes a bail bond of in the sum of Rs.30,000/- (Rupees thirty thousand only) with a solvent surety of the like amount to the satisfaction of the trial Court, his jail sentence shall remain suspended till disposal of this revision and he be released on bail. The applicant is further directed to remain present before the Registry of this Court firstly on 27.08.2019 and, thereafter, on such subsequent dates as may be fixed by the Registry of this Court for the same purpose in future.
Certified copy as per rules.
(Rajeev Kumar Shrivastava) Judge neetu NEETU SHASHANK 2019.02.22 16:57:21 -08'00' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'