Madhya Pradesh High Court
Rohit vs The State Of Madhya Pradesh on 23 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.10073 OF 2022
(Rohit vs The State of Madhya Pradesh)
Indore, Dated 23.02.2024
Mrs. Sharmila Sharma, counsel for the appellant.
Mr. Kamal Tiwari, counsel for the respondent/State.
_____________________________________________________
Heard on IA No.2533 of 2024 which is an application for
urgent hearing of suspension application.
(2) For the reasons stated in the application, the same is
allowed. IA No.2533 of 2024 stands disposed of.
(3) Also heard on IA No.2531 of 2024 which is second
application filed under Section 389 of Criminal Procedure Code,
1973, on behalf of sole appellant - Rohit S/o Shri Santosh
Sharma who has been convicted by learned Fifth Additional
Sessions Judge, District-Dewas (MP) in Session Trial
No.150/2021 vide judgment dated 26.05.2022 and has been
sentenced him as under:-
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
302/34 IPC Life Rs.50,000/- One year RI
Imprisonment
120-B IPC Life Rs.50,000/- One year RI
Imprisonment
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.10073 OF 2022
(Rohit vs The State of Madhya Pradesh)
29(A) Arms 03 Years RI Rs.5,000/- One month RI
Act, 1959.
(4) The first suspension application was dismissed by this Court
on 04.07.2023.
(5) Counsel for the appellant submits that appellant is innocent
and has been falsely implicated in the aforesaid offence. There is
no overtact attributed to him and he has not assaulted the
deceased. It is stated that allegation the appellant is that he
supplied the arm to Govind and appellant - Rohit was implicated
in the aforesaid offence on the basis of memorandum of accused -
Kapil. The final disposal of appeal is likely to take sufficient long
time. Hence prays for suspension of sentence and grant of bail to
the appellant.
(6) Per contra, counsel for the respondent/State has opposed
the application and prays for its rejection.
(7) Having considered the facts and circumstances of the case
and the fact that appellant was implicated in the aforesaid offence
only on the basis of memorandum of accused - Kapil. Hence, we
are of the considered opinion that it is a fit case for grant of
suspension to the appellant. Accordingly, application IA No.2531
of 2024 is allowed.
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.10073 OF 2022
(Rohit vs The State of Madhya Pradesh)
(8) It is directed that substantive jail sentence of appellant -
Rohit S/o Shri Santosh Sharma shall be suspended subject to his
depositing the fine amount (if not already deposited) and on
furnishing a personal bond in the sum of Rs.50,000/-(Rupees
Fifty Thousand) with one solvent surety of like amount to the
satisfaction of concerned trial Court for his appearance on
24.04.2024 and on all other subsequent dates as may be fixed by
the Court concerned in this behalf. Accordingly, application IA
No.2531 of 2024 stands disposed of.
(9) As this appeal is already an admitted appeal. Hence list the
appeal for final hearing in due course.
(10) Certified copy, as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
