Bipin Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 1328 MP

          HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR
                     Cr.A. No. 2440/2021
          (Bipin Yadav & others Vs The State of M.P.)
                                     (1)

Gwalior, dated : 06/04/2021

       Shri Ankur Maheshwari, learned counsel for the appellants.

      Shri Jitesh Sharma, learned Public Prosecutor for the

respondent-State.

IA No. 10906/2021, an application for urgent hearing, is

considered and allowed.

Heard on the question of admission.

This appeal seems to be arguable, hence, it is admitted for

final hearing.

Record of the court below be requisitioned.

Also heard on I.A. No. 10912/2021, which is First application

for suspension of sentence and grant of bail filed on behalf of the

appellant Nos. 1,2,3 and 4 Bipin Yadav, Anil Mourya, Pradeep Ojha

and Mantush Vaidhya.

This appeal has been preferred against the judgment dated

08/02/2021 passed by XII Additional Sessions Judge and Special

Judge (M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam),

District Gwalior in SST No. 150/2017, whereby the appellants have

been convicted under Section 420 of IPC and sentenced to undergo

four years rigorous imprisonment with fine of Rs. 1,000/-, under

Section 6(1) of M.P. Nikshepakon Ke Hiton Ka Sanrakshan

Adhiniyam and sentenced to undergo four years simple

imprisonment with fine of Rs. 50,000/- , under Section 4 of Price HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 2440/2021 (Bipin Yadav & others Vs The State of M.P.)

Chits and Money Circulation Schemes (Banning) Act and sentenced

to undergo two years imprisonment with fine of Rs. 2,000/- & under

Section 5 of Price Chits and Money Circulation Schemes (Banning)

Act and sentenced to undergo one year imprisonment with fine of

Rs. 1,000/- with default stipulation.

Learned counsel for the appellants submits that present

appellants have been falsely convicted. It is further submitted that

there are omissions and contradictions in the evidence of the

prosecution witnesses. It is further submitted that prosecution has not

examined any independent witness, but only interested witnesses

have been examined. It is further submitted that out of total

conviction of four years the appellants have already suffered

incarceration of 3 years. It is further submitted that in view of

outbreak of COVID 19, detention of the appellant in already

congested prison may be detrimental. There are fair chances of

success of this appeal. There is no possibility of hearing of this

appeal in near future. Under these circumstances, the execution of

sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the

respondent opposes the bail application.

Keeping in view the aforesaid submission of learned counsel

for the parties and the facts & circumstances of the case, I.A. No.

10912/2021 is allowed. It is, therefore, directed that if appellant HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 2440/2021 (Bipin Yadav & others Vs The State of M.P.)

Nos. 1,2,3 and 4 Bipin Yadav, Anil Mourya, Pradeep Ojha and

Mantush Vaidhya deposit the entire fine amount, if not already

deposited, and furnishe a personal bond in the sum of Rs.50,000/-

(Rupees fifty thousand) each with one local solvent surety in the

like amount to the satisfaction of trial Court for their appearance

before the Registry of this Court on 4th May, 2021 and on such

subsequent dates as may be fixed in this regard, sentences of

imprisonment awarded to them shall remain suspended till further

orders and they shall be released on bail.

The appellants shall also furnish a written undertaking that

they will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government

and local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge Prachi*

PRACHI MISHRA 2021.04.06 15:57:27 +05'30'