Rohit Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 19509 MP

Madhya Pradesh High Court

Rohit Pawar vs The State Of Madhya Pradesh on 22 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                      CRA No. 14453 of 2023
                                               (ROHIT PAWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-11-2023
                                  Shri Aman Patel - Advocate for appellant.

                                  Ms.Shakti Tripathi - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Let record of Court below be requisitioned.

Also heard on I.A.No.27183/2023 an application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 17/10/2023 passed by Ist Additional Sessions Judge, Narmadapuram in S.T. No.22/2019 for the offence punishable under Section 467 read with 120-B of IPC and sentenced him to undergo R.I. for three years with fine of Rs.3,000/-and in default of fine three months R.I. in addition, Section 468 read with 120-B of IPC and sentenced him to undergo R.I. for three years with fine of Rs.3,000/-and in

default of fine three months R.I. in addition & Section 420 read with 120-B of IPC and sentenced him to undergo R.I. for three years with fine of Rs.3,000/- and in default of fine three months R.I. in addition and Section 432 read with 120-B of IPC and sentenced him to undergo R.I. for two years with fine of Rs.3,000/-and in default of fine three months R.I. in addition, with default stipulations.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 05/12/2023. Learned trial

Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned counsel for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellants till 05/12/2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the

remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 02/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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