Roopram Choudhary vs The State Of Madhya Pradesh
2021 Latest Caselaw 8281 MP

                                   1                            CRR-2805-2021
        The High Court Of Madhya Pradesh
                 CRR No. 2805 of 2021
               (ROOPRAM CHOUDHARY Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 06-12-2021
      Shri Dinesh Kumar Soni, Advocate for the applicant.

      Shri Deepak Bhatiya, Deputy Government Advocate for the
respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Record of the Courts below is available.

Heard on I.A.No. 19442/2021, which is an application for suspension of sentence and grant of bail to the applicant.

The revision has been preferred under Section 397/401 of the Cr.P.C., 1973 by the applicant against impugned judgment dated 17.09.2021 in Cr.A.No.46/2020 passed by First Additional Sessions Judge Narsinghpur, District Narsinghpur (M.P)., arising out of the judgment and findings dated 04.03.2020 passed by JMFC Narsinghpur, District Narsinghpur (M.P.) in CR. Case. No.790/2018 and convicted the applicant for the offence punishable

under Section 25(1-B) of Arms Act and has been sentenced to undergo R.I. for 1 year with fine of Rs.500/- with default stipulation.

Learned counsel for the applicant submits that the applicant has already deposited the fine amount. He is in jail since 17.09.2021. 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 applicant may be allowed and period of his remaining jail sentence may be suspended and he may be released on bail.

On the other hand, learned PL opposed the bail application and prayed for rejection of the same.

Considering the contentions of learned counsel for the parties and looking to the facts and circumstances of the case and revision will take time for its final disposal but without expressing any opinion on the merits of the 2 CRR-2805-2021 case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicant and grant bail to him.

Consequently, I.A.No.19442/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicant shall remain suspended during the pendency of this revision.

Applicant be released from custody on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court. The applicant shall appear and mark his presence before Trial Court on 21.03.2022 and on subsequent dates as may fixed by the trial Court from time to time till final disposal of the case.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned PL, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also.

List this case for final hearing as per its turn. Certified copy/e-copy as per rules/directions.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.12.07 11:49:28 IST