Citation : 2023 Latest Caselaw 8076 MP
Judgement Date : 18 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6793 of 2023
(ROBIN SINGH Vs STATE OF MADHYA PRADESH)
Dated : 18-05-2023
Shri Rahul Diwaker - Advocate for the appellants.
Shri Nitin Gupta - Deputy Government Advocate for the respondent-
State.
Appeal is admitted for final hearing.
Heard on I.A. No.11585/2023, an application for suspension of
sentence, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellant -Robin Singh.
It is submitted that appellant stands convicted by learned 23rd Additional Sessions Judge, Bhopal in S.T. No.614/2016 vide judgment dated 08.05.2023 under Section 25(1-B) (A) of the Arms Act and has been sentenced to undergo R.I. for 3 years along with fine of Rs.1,000/- with default stipulation.
It is submitted by learned counsel for the appellant that the appellant is already on bail till 06.06.2023. He has never misused the liberty afforded to him. Appellant has good chances of success in the appeal. Therefore his period of
jail sentence be suspended.
Shri Nitin Gupta, learned counsel for the State opposes the prayer. However, taking these facts into consideration that the appeal is going to take time for its conclusion and there are good chances of success in the appeal, without commenting on the merits of the case, this Court is of the considered view that it is a fit case where execution of remaining part of jail Signature Not Verified SAN
sentence of appellant - Robin Singh shall remain stayed. Digitally signed by MRS. LORETTA RAJ Date: 2023.05.19 10:50:21 IST
Accordingly, I.A. No.11585/2023 is allowed.
I t is directed that on depositing of fine amount, if not already deposited and on their furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the trial Court on 4th July, 2023 and, thereafter, learned trial Court shall fix the dates which shall not be more than twice in a calendar year for appearance of the appellant, the appellant be released on bail and his substantive sentence under appeal shall remain suspended.
Certified copy as per rules.
(VIVEK AGARWAL) V. JUDGE
Loretta
Signature Not Verified SAN
Digitally signed by MRS. LORETTA RAJ Date: 2023.05.19 10:50:21 IST
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