Madhya Pradesh High Court
Rohit @ Megi vs The State Of Madhya Pradesh on 15 September, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CR. A. No. 2523 / 2020
ROHIT @ MEGI Vs. STATE OF MP
--- 1 ---
INDORE, Dated : 15/09/2021
Heard through video conferencing.
Mr. Aditya Kumar Bhargava, learned counsel for the
appellant.
Mr. D. S. Chouhan, learned PL for the respondent -
State.
Heard on I.A.No.13786/2021, an application filed
under Section 389(1) of the Code of Criminal Procedure,
1973 on behalf of appellant Rohit @ Megi for suspension of
jail sentence and grant of bail. Appellant has been convicted
and sentenced vide judgment dated 23/1/2020 passed by the
learned Addl. Sessions Judge, Indore in S.T.No. 87/2014, as
under :
Conviction Sentence
Section Act. Imprisonm Fine Imprisonm
ent ent in lieu
of fine
307 IPC 7 years Rs.2000/- Three
months
Learned counsel for the appellant submits that
appellant was on bail during trial. The incident has taken
place at the spur of moment. The allegation against the
present applicant is that he caught hold the complainant
while co-accused Rakesh Bhoi has caused stab injuries. The
prosecution has completely failed to prove their case. There
are lot of contradictions and omissions in the statement of
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CR. A. No. 2523 / 2020
ROHIT @ MEGI Vs. STATE OF MP
--- 2 ---
prosecution witnesses. Final conclusion of this appeal is
likely to take a sufficiently long time. Till then the sentence
passed against the appellant is not suspended, the very
purpose of filing of this appeal would be frustrated. Under
these circumstances, learned counsel for the appellant prays
for grant of bail and suspension of execution of jail sentence
of the appellant.
Per contra, learned Government Advocate for the
respondent - State strongly opposed the prayer for
suspension of custodial sentence and submits that there is
sufficient evidence available on record to establish guilt of
the appellant in the alleged offence. Appellant was properly
convicted and sentenced by the trial Court and, therefore, no
case for suspension of his jail sentence is made out. In such
circumstances the application be dismissed.
Heard learned counsel for the parties and perused the
record.
After considering the submissions made by the learned
counsel for the parties and looking to the facts and
circumstances of the case and the period of custody of the
appellant and also the fact that appellant remained on bail
during trial, it is an appeal of 2020, therefore, final
conclusion of this appeal is likely to take sufficiently long
time, it would be appropriate to accept the application of
applicant Rohit @ Megi. Accordingly, I.A.No. 13786/2021
is allowed.
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CR. A. No. 2523 / 2020
ROHIT @ MEGI Vs. STATE OF MP
--- 3 ---
It is directed that execution of remaining jail sentence
of appellant Rohit @ Megi shall remain suspended and he be
released on bail on his furnishing personal bond of
Rs.50,000/- (Rs. Fifty thousand only) with one solvent surety
in the like amount to the satisfaction of the trial Court for his
appearance before the Office / Registry of this Court on
15/12/2021 and on such other dates as may be fixed in this
behalf.
Before releasing the applicant from the custody, the Jail
Authorities are directed to medically examine him in order to
rule out the possibility of Covid-19 infections and shall
comply with the directions issued by the Hon'ble Apex
Court in W.P.No. 01/2020.
Certified copy, as per Rules.
(ANIL VERMA)
JUDGE
KR
Digitally signed by KAMAL RATHORE
Date: 2021.09.15 17:03:12 +05'30'
