Rohit Sen vs The State Of Madhya Pradesh
2024 Latest Caselaw 21484 MP

Madhya Pradesh High Court

Rohit Sen vs The State Of Madhya Pradesh on 7 August, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                              1                               CRA-8433-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 8433 of 2024
                                         (ROHIT SEN Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 07-08-2024
                               Shri Sanjeev Singh - Advocate for appellant.
                               Shri Gitesh Singh Thakur - Public Prosecutor for respondent/State.

Heard on I.A.No.17993 of 2024, which is an application under Section 430(1) of the Bhartiya Nagarik Suraksha Sanhita, 2023 on behalf of appellant for suspension of sentence and grant of bail.

The appellant assails the impugned judgment dated 12.07.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Satna in SCATR/55/2019; whereby the appellant has been convicted under Section 363 of the Indian Penal Code read with Section 3(2) (v-a) of the SC/ST Act and sentenced to undergo R.I. for 3 years with fine of Rs.5,000/- with default stipulation.

It is pointed out by the learned counsel for the appellant that the sentence of the appellant has already been already suspended by the trial Court till 22.08.2024. It is, therefore, prayed that the remaining jail sentence

of the appellant may be suspended and he may be released on bail.

Per contra, learned counsel for the State has vehemently opposed the prayer.

Considering the fact that the trial Court has already suspended the sentence and there is no likelihood of early disposal of the appeal in near future, subject to verification of the fact that fine amount has already been

2 CRA-8433-2024 deposited, this Court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No.17993 of 2024 is allowed and it is directed that the jail sentence of the appellant shall remain under suspension subject to the verification that the amount of fine has been deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 16.12.2024 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn.

(VISHAL MISHRA) JUDGE

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