Madhya Pradesh High Court
Vikram @ Deepak Malviya vs The State Of M.P. on 26 August, 2021
Author: Satyendra Kumar Singh
1 CRA-589-2021
The High Court Of Madhya Pradesh
CRA-589-2021
(VIKRAM @ DEEPAK MALVIYA Vs THE STATE OF M.P.)
6
Jabalpur, Dated : 26-08-2021
Heard through Video Conferencing.
Shri Ankit Saxena, learned counsel for the appellant.
Shri Pradeep Dwivedi, learned Panel Lawyer for the respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal seems to be arguable, hence, admitted for final hearing.
Also heard on IA No. 1364/2021, which is an application filed under
Section 389(1) of the Cr.P.C. for suspension of jail sentence moved on
behalf of appellant-Vikram @ Deepak Malviya.
Appellant has been convicted for offence punishable under Sections
419, 420, 467, 468 and 471 of the IPC and sentenced to undergo RI for 7
years for each offence with fine of Rs. 500/-, Rs.500, Rs.1,000/-, Rs.500/-
and Rs.500/- respectively with usual default stipulation, vide judgment dated
21/01/2021 passed by Second Additional Sessions Judge, Bhopal in Sessions
Trial No. 734/2018.
As per prosecution story, it is alleged against the appellant that he
impersonated himself as Ramnarayan and produced forged documents and
took bail of one accused-Amir Khan in S.T. No.951/2016 pending before
Court of III Additional Sessions Judge, Bhopal.
Learned counsel for the appellant has submitted that there is nothing
on record which indicates that the appellant was the person who produced
the forged documents in the Court of IIIrd Additional Sessions Judge,
Bhopal and took bail of accused- Amir Khan in S.T.No.951/2016.
Prosecution witnesses examined in this regard have not supported
prosecution story. Photocopy of the documents seized in this regard were
Signature Not also not seized from the possession of the appellant. Appellant's photographs
SAN
Verified
Digitally signed by
VINAY KUMAR
BURMAN
Date: 2021.08.27
11:06:22 IST
2 CRA-589-2021
were misused by some other person and he has falsely been implicated in the
matter. Appellant has already suffered more than half period of sentence till
now, therefore, his sentence may be suspended and he may be released on
bail.
Learned Panel Lawyer for the respondent/State opposed the
suspension application and submitted that judgment of conviction and order
of sentence based on proper appreciation of oral as well as documentary
evidence. Appellant produced bail documents, in which his photographs were
attached. He was found having forged Voter-ID and other documents, which
connects him with the crime therefore, application for suspension of
custodial sentence deserves to be dismissed.
Having considered rival submissions made by the learned counsel for
the parties and period of sentence already undergone by the appellant and
also considering other facts and circumstances of the case, without
commenting on the merits of the case, in view of this Court, case for
suspension of sentence is made out.
Accordingly, I.A. No.1364/2021 is allowed. It is directed that on
deposit of fine amount, if not already deposited and on furnishing personal
bond to the tune of Rs.50,000/- (Rupees fifty thousand Only) with one
surety bond in the like amount to the satisfaction of the Trial Court for his
appearance before the Registry of this Court on 26/11/2021 and on
subsequent dates as may be fixed by the Registry of this Court, the appellant-
Vikram @ Deepak Malviya be released on bail and the substantive sentence
under appeal shall remain suspended.
List the matter for final hearing in due course.
Certified copy as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
vinay
Signature
SAN Not
Verified
Digitally signed by
VINAY KUMAR
BURMAN
Date: 2021.08.27
11:06:22 IST
