Amit @ Boby Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 2937 MP

                                 1                         CRA1455/2022

             HIGH COURT OF MADHYA PRADESH
                           CRA-1455/2022
                    (Amit @ BobyVs. State of M.P.)

Gwalior, Dated:02.03.2022
       Shri Anil Jha, learned counsel for the appellant.

       Shri Kaushlendra Singh, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.2414/2022 under Section 389 of Cr.P.C. filed

by appellant for suspension of sentence and grant of bail.

Vide judgment dated 29.01.2022 passed by learned Twelfth

Additional Sessions Judge, Gwalior (M.P.) in S.T.No.191/2021, the

appellant has been convicted and sentenced as under:

Section Sentence Fine In default stipulation 420 of IPC 4 years RI Rs.1,000/- one month

As per prosecution story, the allegation against the appellant is

that he along with accused Pramod Kumar collected money from

customers assuring them that their money will be doubled. A rime was

registered for the offence under sections 420/34, 409/34 of IPC and

section 3(4) and 6(1) of Nikshopakom ke Sanrakshan Adhiniyam,

2000. After trial he was convicted for the offence under Section 420 of

IPC.

It is submitted by learned counsel for he appellant that during

trial from 18.06.2021 till the date of judgment, the appellant was in

custody. The fine amount has already been deposited. Learned counsel

for the appellant further submits that hearing of this appeal shall take 2 CRA1455/2022

considerably long time. Under these circumstances, he prayed to

suspend the jail sentence of the appellant and grant bail.

Heard learned counsel for the parties through and perused the

record.

Considering the facts and circumstances of the case and looking

to the custody period, appeal is of the year 2022 and the final outcome

of appeal will take time, but without commenting anything on the

merits of the case, IA.No. 2414/2022 is allowed and it is directed that

jail sentence of appellant will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant

furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand

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 13th June, 2022 and thereafter on such

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

till disposal of the appeal.

C.c. as per rules.

                                      (Deepak Kumar Agarwal)
vv                                          Judge


          VALSALA
          VASUDEVAN
          2022.03.03
          10:14:37
          +05'30'