Madhya Pradesh High Court
Nitin Gupta vs The State Of Madhya Pradesh on 26 August, 2021
Author: Arun Kumar Sharma
1 CRA-1443-2021
The High Court Of Madhya Pradesh
CRA-1443-2021
(NITIN GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
5
Jabalpur, Dated : 26-08-2021
Heard through Video Conferencing.
Shri P.S. Tomar, Advocate for the appellant.
Smt. Shanti Tiwari, P.L. for the respondent/State.
Record of the Court below has been received.
Heard on I.A. No.13407/2021, which is second application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail
filed on behalf of appellant no.4 Anil.
His first application for suspension of sentence and grant of bail was
dismissed as withdrawn passed by this Court vide order dated 14.06.2021 in
I.A.No.3491/2021.
Written objection has been filed by the counsel for the State.
This appeal has been preferred against the judgment dated 22.02.2021
passed by 5th ASJ District Sagar in S.T. No.28/2019, whereby the appellant
no.4 Anil has been found guilty for the offence punishable under Section 326
of the IPC and has been sentenced to undergo simple imprisonment for a
period of 10 years with a fine of Rs.1,000/- with default stipulation.
Learned counsel for the appellant submits that the appellant no.4 Anil is
in jail since 22.02.2021. Learned counsel for the appellant further submits that
during cross-examination (PW-4) Dinesh Victim has not supported the
prosecution case at all. He has not stated any anything against the appellant
no.4 Anil. Therefore, it has been prayed that the application for suspension of
sentence and grant of bail be allowed and he be released on bail.
On the other hand, learned counsel for the State opposed the prayer
and rejection of the same.
Looking to facts and circumstances of the case and on perusal of
record, particularly the fact that the prosecution witness namely Dinesh (PW-
2 CRA-1443-2021
4) has not supported the case of the prosecution case at all, in the opinion of
this Court, this is a fit case for grant of bail and suspension of sentence to
appellant no.4 Anil.
It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of the appellant no.4 Anil shall
remain suspended during the pendency of this appeal and he be released on
bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees
Thirty Thousand only) with one surety in the like amount to the satisfaction
of the trial Court for his appearance before the Registry of this Court on
16.12.2021 and thereafter on all other such subsequent dates as may be fixed
in this regard.
At the time of the release of the appellant from custody, all the
instructions issued by the Government related to Covid-19 shall also be
followed by the concerned authorities.
In case, the appellant is found absent on any date fixed by the Court
then the said Court shall be free to issue and execute warrant of arrest without
referring the matter to this Court, provided the Registry of this Court is kept
informed.
The appeal be listed for final hearing in due course as per listing policy.
Certified copy as per rules.
(ARUN KUMAR SHARMA)
JUDGE
sh
Signature Not Verified
SAN
Digitally signed by S HUSHMAT HUSSAIN
Date: 2021.08.27 16:18:23 IST
