Gaurav@ Chotu Birha vs The State Of Madhya Pradesh
2023 Latest Caselaw 8515 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 6766 of 2023
          (GAURAV@ CHOTU BIRHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 13-06-2023
      Shri S.K. Tiwari- Advocate for the appellant.

      Shri Yogesh Dhande - Government Advocate for the respondent / State.

Heard on admission.

The appeal is admitted for final hearing.

Record of the Court below be called for.

Also Heard on IA No. 11371/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant- Gaurav @ Chotu Birha arising out of judgment dated 10.05.2023 delivered in S.T. No.673/2016 and ST No. 690/2016 by 4th Additional District and Sessions Judge, Jabalpur, Distt. Jabalpur.

T h e appellant has been convicted under Section 404 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2000/- and Section 25(1- B) B of Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs. 2000/- with default stipulations.

Learned counsel for the appellant submits that the final hearing of this appeal will take time, therefore the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned State counsel.

Considering the short sentence coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Gaurav @ Chotu Birha is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Jabalpur on 22.08.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

         (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
            JUDGE                                              JUDGE

     L.R.signed by
Digitally
LALIT SINGH RANA
Date: 2023.06.14
16:59:33 +05'30'