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Madhya Pradesh High Court

Ajay vs The State Of Madhya Pradesh on 21 June, 2019

                                 Cr.R. No.2550/2019                                        1
                                         (Ajay S/o Mahadev Pandey vs. State of M.P.)

                                           The High Court Of Madhya Pradesh
                              Indore : 21/06/2019 :-
                                      Parties through counsel.
                                      Heard on the question of admission.
                                      The revision seems to be arguable, therefore, this
                              revision is admitted for final hearing.
                                      Also heard on IA No.3914/2019, which is the
                              application for suspension of sentence under Section 397 (1) of
                              Cr.P.C.
                                      Petitioner is convicted for the offence punishable under
                              Section 25 (1-b)(a) of Arms Act and sentenced to undergo one
                              year RI with fine of Rs.500/- with default stipulation by the
                              learned ACJM, Indore in Criminal Case No.30007/2014 vide
                              judgment dated 29/09/2018, which has been affirmed by ASJ,
                              Indore vide judgment dated 01/05/2019.
                                      Learned counsel for the petitioner submits that the
                              petitioner was on bail during trial and he has never misused
                              the liberty so granted to him. However, subject to final out-
                              come of this revision, jail sentence of the petitioner may be
                              ordered to be suspended.
                                      Prayer is opposed by learned Government Advocate for
                              the respondent/State.

After having perused the impugned judgment and on consideration of the facts and circumstances of the case, without expressing any opinion on the merits of the case, the application (IA No.3914/2019) for suspension of jail sentence is allowed. It is directed that on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with Digitally signed by Jagdishan Aiyer Date: 24/06/2019 09:53:56 Cr.R. No.2550/2019 2 (Ajay S/o Mahadev Pandey vs. State of M.P.) one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 05/08/2019 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the petitioner shall remain suspended, till the final disposal of this revision.

A copy of this order be sent to Court concerned for it's compliance.

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

(Ms. Vandana Kasrekar) Judge Aiyer* Digitally signed by Jagdishan Aiyer Date: 24/06/2019 09:53:56