[email protected] Rohit Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 450 MP

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          The High Court Of Madhya Pradesh
                    CRA-2719-2021
             ([email protected] ROHIT JAIN Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-10/01/2022
      Heard through Video Conferencing.

      Shri R.K. Sharma, learned Senior Advocate with Shri M.K.

Choudhary, learned counsel for the appellant.

      Shri   Sangam     Jain,     learned   Public     Prosecutor   for   the

respondent/State.

I.A.No.33437/2021, an application for urgent hearing is taken up,

considered and allowed for the reasons mentioned therein.

Also heard on I.A.No.32066/2021, which is third application

under Section 389(1) of Cr.P.C. for suspension of jail sentence on

behalf of appellant-Ravi @ Rohit Jain.

This criminal appeal has been filed against the judgment dated

12/01/2021 passed by Fourteenth Additional Sessions Judge, Gwalior,

Distt. Gwalior (M.P.) in ST No.29/2016 by which appellant has been

convicted as under:-

Section                         Sentence        Fine        In        default
                                                            stipulation
489(g) of IPC                   3 years of R.I. Rs.1000/- 01 month R.I.
489(kh) of IPC                  5 years of R.I. Rs.2000/- 02 months R.I.

16 r/w section 15(1) (k) (III- 7 years of R.I. Rs.3000/- 03 months R.I. K) of Unlawful Activities (Prevention) Act.

It is submitted by learned counsel for the appellant that the trial

Court has wrongly convicted the appellant without properly

appreciating the materials and evidence available on record. It is

The High Court Of Madhya Pradesh CRA-2719-2021 ([email protected] ROHIT JAIN Vs THE STATE OF MADHYA PRADESH)

further submitted that the appellant is in jail since last 1 and ½ year

and the main accused of this case are still absconding. There is no

possibility of final hearing of this appeal in near future. Other co-

accused- Samkit Jain @ Sainki of this appeal has already been

suspended the jail sentence vide order dated 09/09/2021 in

Cr.A.No.1629/2021 by this Court. The appellant is on same footing

with the co-accused. Hence, on the basis of parity, prayed for

suspension of jail sentence of the appellant and for grant of bail.

Per contra, learned State counsel opposed the application under

Section 389 (1) of CrPC and submits that forged currency has been

prepared by the present applicant along-with other co-accused of this

case and has been convicted under sections 489(g), 489(kh), 6 r/w

section 15(1) (k) (III-K) of Unlawful Activities (Prevention) Act. The

alleged offence is of serious in nature. Considering the nature and

gravity of offence along-with the fact that the custody period is very

short. Hence, prayed to reject the application filed under Section

389(1) of CrPC by the appellant.

Heard learned counsel for the rival parties and perused the

available record.

Considering the custody period of the applicant along with the

fact that the other co-accused has already been suspended the jail

sentence by this Court, I.A. No. 32066/2021 is hereby allowed.

The High Court Of Madhya Pradesh CRA-2719-2021 ([email protected] ROHIT JAIN Vs THE STATE OF MADHYA PRADESH)

Subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond of Rs. 75,000/- (Rupees Seventy Five

Thousand only) with one solvent surety of the like amount to the

satisfaction of the concerned Court, the remaining jail sentence of the

appellant shall remain suspended and he be released on bail. The

appellant is further directed to mark his appearance before the Office

of this Court on 21/03/2022 and on subsequent dates given by the

Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Certified copy/E-copy as per rules.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2022.01.11 10:08:18 +05'30'