Rohit Singh @ [email protected] Chotu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4795 MP

                                 1
         The High Court of Madhya Pradesh
                                                        Cr.A.No.4925/2021

         (Rohit Singh @ Chote @ Chotu Vs. State of M.P.)

Gwalior dated 27.08.2021

      Shri Harshit Sharma, learned counsel for the appellant.

      Shri    Ramadhar    Chobey,    learned     Public    Prosecutor   for

respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called for.

Also Heard on IA.No.25376/2021, first application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant-Rohit Singh @ Chote @ Chotu.

This criminal appeal has been filed against the judgment dated

30.07.2021 passed in S.T.No.89/2020 by the Sessions Judge, District

Bhind, whereby appellant has been convicted & sentenced as under :-

    Section                   Imprisonment       Fine
    3 r/w. 25(1B)(a) of the 02 years RI          Rs. 5,000/- with
    Arms Act, 1959                               default stipulation

Contention of counsel for the appellant is that the sentence of

appellant has already been suspended by the trial Court for a period of

30 days. Fine amount has already been deposited. Hearing of this

appeal shall take some time. It is further submitted that looking to the

Covid-19 pandemic situation, application of the appellant for

suspension of sentence may be considered.

Learned counsel for the State opposed the application and prayed

The High Court of Madhya Pradesh Cr.A.No.4925/2021

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.25376/2021 is allowed

and it is directed that the jail sentence of appellant will remain under

suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.1,00,000/- (Rupees

One Lac Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 20th December, 2021 and on such

further dates as may be fixed by the office in this regard.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge bj/-

BARKHA JHA 2021.08.2 7 17:52:44 +05'30'