Nemichand Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 8334 MP

                                                                         1                              CRA-7304-2021
                                             The High Court Of Madhya Pradesh
                                                      CRA No. 7304 of 2021
                                                     (NEMICHAND GUPTA Vs THE STATE OF MADHYA PRADESH)


                                   Jabalpur, Dated : 06-12-2021
                                           Shri Nitin Shukla, counsel for the appellant.

                                           Shri Rupesh Patel, P.L. for the respondent / State.

Heard on I.A. No.21540/2021, which is an application U/S.389 (1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Nemi Chand Gupta.

This appeal has been preferred against the judgment dated 24.11.2021 passed by Additional Session Judge, Amarwarda Distt. Chhindwara in S.T. No. 100281/2014 whereby learned ASJ found appellant guilty for the offence punishable under Section 498A of IPC and sentenced him to undergo 3 years imprisonment with fine of Rs. 500/- with default stipulation.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 24.01.2022. Applicant is 78 years old person and suffering from various ailments. The trial

Court without appreciating the evidence properly wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal is likely to take long time.

On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellant is proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the facts and circumstances of the case and the fact that trial court has already suspended the jail sentence of the appellant Nemi Chand Gupta till 24.01.2022, as an interim measure it is directed that the execution of the jail sentence alone passed against the appellant Nemichand Signature Not Verified SAN

Digitally signed by NAVEEN KUMAR SARATHE Date: 2021.12.06 18:25:52 IST 2 CRA-7304-2021 Gupta shall remain suspended untill further orders and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty 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 21.03.2022 and on such further dates as may be fixed in this behalf by the

Registry during the pendency of this appeal.

Office is directed to call for the record. L i s t this case after four weeks alongwith the record for consideration of I.A. No. 21540 /2021 as well as for admission.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

sarathe

Signature Not Verified SAN

Digitally signed by NAVEEN KUMAR SARATHE Date: 2021.12.06 18:25:52 IST