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Madhya Pradesh High Court

Chotu @ Bhagwan Singh vs The State Of Madhya Pradesh on 4 April, 2019

                                                         1                              CRR-1013-2019
                                 The High Court Of Madhya Pradesh
                                            CRR-1013-2019
                                    (CHOTU @ BHAGWAN SINGH Vs THE STATE OF MADHYA PRADESH)

                      2
                      Jabalpur, Dated : 04-04-2019

                              Shri M. Shafiqulla, learned counsel for the applicants.
                              Shri Devendra Shukla, learned Panel Lawyer for the respondent-State.

Record of the Courts below is available in connected CRR No.880/19. Heard on the question of admission.

Revision is admitted for final hearing.

Heard on I.A. No.3450/2019, which is an application for suspension of sentence and grant of bail to the applicants-Chotu @ Bhagwan Singh, Pradeep Ahire, Shesha Sahu @ Sesav.

The revision has been preferred under Section 397/401 of the Cr.P.C., b y the applicants/accused against judgment dated 09.2.2019 passed by V Additional Sessions Judge Bhopal, District Bhopal (MP), in Criminal Appeal No.415/2017, affirming the judgment dated 27.9.2017 passed by learned Judicial Magistrate First Class, Bhopal (MP), in Cr. Case R.T. No.3052/2011, by which the applicants have been convicted for offence under Sections 25(1-b) (A) of the Arms Act and sentenced to undergo R.I. for one year and fine of Rs.500/- , with default stipulation.

As per prosecution story, on 24.2.2011 police of Police Station Crime Branch Bhopal received information from their informer that at Mahal Chouraha Near Magic stand four boys were standing and they are trying to sell out Katta (Gun). On the said information, the Sub Inspector Umesh Singh along with other police personnel went to the spot and caught present applicants and co-accused Banti @ Umesh and found that they are illegally carrying Katta without having license for that.

Learned counsel for the accused/applicants submits that accused- applicant No.1-Chhotu @ Bhagwan Singh remained in jail w.e.f. 25.2.2011 to 21.4.2011, accused/applicant No.2-Pradeep Ahire remained in jail w.e.f.

2 CRR-1013-2019 25.2.2011 to 25.4.2011 and from 22.8.2016 to 4.10.2016 and accused/applicant No.3-Shesha Sahu @ Sesav Sahu remained in jail w.e.f. 25.2.2011 to 21.4.2011. The accused/applicants are in jail since 09.02.2019 till now. He submits that learned appellate Court has reduced the jail sentence imposed by the lower Court i.e. 3 years to one year and modified the jail sentence. The seizure witnesses Abid (PW/1) and Naseem (PW/6) did not corroborate the version of prosecution. They declared hostile by the prosecution. The prosecution is based upon the evidence of Police Officer Umesh Singh Chouhan (PW/5), who is Investigating Officer and also the complainant in this case. There are many contradictions, omissions and improvements in the version of the prosecution witnesses. There are fair chances to succeed in the case. Final hearing of this revision will take time. Therefore, the application filed on behalf of the applicants may be allowed and the period of their remaining jail sentence may be suspended further and they may be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the application.

After hearing rival submissions of learned counsel for the parties, considering the evidence of prosecution witnesses, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicants and grant bail to them.

Consequently, I.A. No. 3450/2019 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicants shall remain suspended during the pendency of this revision Applicants-Chotu @ Bhagwan Singh, Pradeep Ahire, Shesha Sahu @ Sesav shall be released from custody subject to their furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each, with one surety in the like amount each, to the satisfaction of the trial Court. The applicants shall appear and mark their presence before the trial Digitally signed by ASHWANI PRAJAPATI Date: 08/04/2019 17:52:56 3 CRR-1013-2019 Court on 20.08.2019 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, during pendency of the matter.

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

(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.