Nikki @ Vikash Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4031 MP

                                    1                                  CRR-1292-2021
        The High Court Of Madhya Pradesh
                   CRR-1292-2021

(NIKKI @ VIKASH SAHU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 06-08-2021 Heard through Video Conferencing.

Mr. Sanjay Ram Tamrakar, Advocate for the applicant. Mrs. Shanti Tiwari, learned counsel for the State. Heard on admission Admit.

Record of the trial Court has been received. Heard on I.A.No.7159/2021, which is first application under Section 397 (1) of the Cr.P.C. filed on behalf of applicant for suspension of sentence and grant of bail.

A perusal of the judgment reveals that the applicant stands convicted under Sections 25 (1-b) (b) of the Arms Act and has been sentenced to undergo simple imprisonment for a period of two years with fine of Rs.200/- with default stipulations.

Learned counsel for the applicant submits that the applicant is in jail

since 29.07.2020 and he has already deposited the fine amount, therefore, it has been prayed that the jail sentence of the applicant be suspended and he be released on bail.

Learned panel lawyer for the State on the other hand has opposed the bail application.

However, keeping in view the facts and circumstances of the case particularly the fact that the applicant is in jail since 29.7.2020, therefore, in the opinion of this Court, this is a fit case for grant of bail.

Accordingly, I.A.No.7159/2021 is allowed. It is directed that on depositing the fine amount and furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the 2 CRR-1292-2021 concerned trial Court on 13.12.2021 and all other subsequent dates fixed by the that Court, the remaining part of the substantive jail sentence imposed upon him shall remain suspended and he shall be released on bail.

List the case for final hearing in due course. Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.08.09 10:32:54 IST