Rohit @ Boby vs The State Of Madhya Pradesh
2023 Latest Caselaw 21820 MP

Madhya Pradesh High Court

Rohit @ Boby vs The State Of Madhya Pradesh on 19 December, 2023

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 15692 of 2023
                                               (ROHIT @ BOBY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-12-2023
                                  Shri Prashant Goyal, learned counsel for appellant.

                                  Shri Lokendra Shrivastava, learned Public Prosecutor for the
                           respondent/State.

Heard on I.A.No.23153 of 2023, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 07.12.2023 passed in

Sessions Trial No. 371/2022 by Second Additional Sessions Judge, Gwalior (M.P.) whereby, the appellant has been convicted under Section 25(1)(1-[k) of

the Arms Act and sentenced to undergo rigorous imprisonment of three years with fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He further submits that the trial Court has already suspended the jail sentence of the appellant till 02.02.2024. Appellant was on bail during trial and he did not misuse the liberty so granted. Hence, prayed to suspend the jail sentence and

grant of bail to the appellant.

Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the material available on record.

Considering the submissions made by learned counsel for the appellant as well as the facts and circumstances of the case, without commenting on

merits of the case, I.A.No.23153 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.60,000/- (Rupees Sixty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial 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 Registry of this Court on 30/01/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

Record of the Court below be called for.

List after the receipt of record.

A copy of this order be sent to the concerned Court below for compliance.

(RAJENDRA KUMAR VANI) JUDGE

Aman