Rohit Singh @ Shiv Narayan Singh @ ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 84 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 7426 of 2022
                  (ROHIT SINGH @ SHIV NARAYAN SINGH @ VAIBHAV SINGH Vs THE STATE OF MADHYA PRADESH)

               Dated : 02-01-2023
                           Shri Atul Gupta, learned counsel for the appellant.

                           Ms. Abha Mishra, learned Public Prosecutor for the respondent/State.

Heard on IA.No.16206/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Rohit Singh.

In brief prosecution case is that on 28.11.2016 at 2.41 pm appellant appeared at police Station, Antri, in the uniform of ASI, and informed that he has been transferred from police Station, Gwalior, to police Station, Antri, as SHO. He was asked to submit transfer order, then he submitted that he will submit the same in the evening as the same is kept in Tekanpur in a bag. Later on, on enquiry it was found that neither any person named as Vaibhav Sengar works at police Station, Gwalior, nor he has been transferred. Thereafter case was registered. Appellant was arrested. After completion of investigation, charge-sheet has been submitted. After trial, appellant has been convicted under

Sections 170, 171, 471 of IPC and sentenced to 1 years RI with fine of Rs.1,000/-, 2 months RI with fine of Rs.200/- and 4 years RI with fine of Rs.5,000/- respectively with default stipulation.

It is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. During trial, he was in custody for 2 months 2 days and thereafter from the date of judgment Signature Not Verified i.e. 29.6.2022 he is in custody. Final hearing of the appeal will take time and Signed by: MADHU SOODAN PRASAD Signing time: 03-01-2023 10:00:30 AM appellant has a good case on merit. Therefore, prayer for suspension of

sentence has been made.

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

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.16206/2022 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's 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 24th April, 2023

and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 03-01-2023 10:00:30 AM