Omu @ Umashankar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7182 MP

                                  1                                CRA-1663-2020
        The High Court Of Madhya Pradesh
                 CRA No. 1663 of 2020
               (OMU @ UMASHANKAR Vs THE STATE OF MADHYA PRADESH)

10
Jabalpur, Dated : 09-11-2021

      Shri Yash Soni, learned counsel for the appellant.
      Shri C.L. Sethi, learned Panel Lawyer for the respondent/State.

Heard on admission.

This appeal seems to be arguable, therefore, admitted for hearing. Record of Court below is available.

Heard on I.A.No.17447/2021, which is an application for under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the applicant/appellant - Omu @ Umashanker Chourasiya.

By impugned judgment dated 04.02.2021 passed by the 9th Additional Sessions Judge, Sagar (M.P.) in S.T.No.38/2019 the applicant has been convicted under Sections 307/34, 324 of the IPC and Section 25 (1-Kha)(kha) of Arms Act and sentenced to R.I. for 7 years with fine of Rs.3000/- each, R.I. for one year with fine of Rs.1000/- each

and R.I. for one year with fine of Rs.1000/- each respectively, with default stipulations.

Learned counsel for the applicant submits that the applicant is in custody since 05.11.2018. Co-accused Sunny has been enlarged on bail. Disposal of this appeal would take considerable time, hence, on the ground of parity, it is prayed that the jail sentence of the applicant be suspended and he be released on bail.

Considering the overall facts and circumstances of the case, disposal of this appeal would take considerable time and on the ground of parity, without commenting upon the merits of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not 2 CRA-1663-2020 already deposited and on furnishing a personal bond in a sum of Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant - Omu @ Umashanker Chourasiya shall remain suspended during the pendency of this case and

he shall be released on bail.

The appellant shall appear before the trial Court concerned on 07.3.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this revision.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2021.11.09 17:41:20 IST