Manish Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 268 MP

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             THE HIGH COURT OF MADHYA PRADESH

                       Criminal Appeal No.662/2021

                    ( Manish Kumar Vs. State of M.P.)

Indore, Dated:26/2/2021

      Heard through video conferencing.

      Shri Vivek Singh, learned counsel for the appellant.

      Shri    Ayushman      Choudhary,        learned       counsel      for    the

respondent/State.

Reply filed by the respondent is taken on record.

Since the record is received from the Court below the present

appeal is admitted for final hearing.

Heard on I.A.No.1015/2021 which is an application for

suspension of sentence of the appellant filed under Section 389 of the

Cr.P.C.

The appellant has been convicted and sentenced by the learned

first Additional Sessions Judge and Special Judge Vyapam Indore vide

order dated 22.1.2021 passed in S.T.No.65/2019 which is as under:-

          Conviction                             Sentence
     419             IPC        1 years R.I             -                 -
     420             IPC        5 years R.I        200/-              1 months

                                                                 additional S.I
     467             IPC        5 years R.I        500/-              1 month

                                                                      additional

                                                                         S.I.
     468             IPC        3 years R.I        200/-              1 months


                                                           additional S.I
     471            IPC        1 years R.I       100/-        15 days

                                                             additional

                                                                 R.I
3(d)(2) r/w 4      M.P.

                Recognised

                Examination

                 Act 1937

At the outset, learned counsel for the appellant has submitted that

the allegation against the present appellant is that he appeared in the

PMT Examination in place of one Sant Kumar Trivedia.

Counsel for the appellant has submitted that the aforesaid Sant

Kumar Trivedia has been tried in a separate trial and has already been

acquitted by the trial Court which is also mentioned in the impugned

judgment itself in paragraph 61.

Counsel for the appellant has further submitted that an offence

under Section 419 of IPC i.e, impersonation would be made out against

the applicant. It is further submitted that the applicant is in jail since

22.1.2021 and prior to that he has already spent around two months in

jail and that the appellant has also not misused the liberty while he was

on bail. It is also submitted that the final conclusion of the appeal is

likely to take sufficiently long time, therefore, the suspension

application be allowed.

Counsel for the respondent/State has opposed the prayer for grant

of suspension of sentence to the appellant.

Having considered the rival submissions and on perusal of the

record of the lower Court and taking note of the fact that the appellant is

in jail since 22.1.2021 and earlier also he has already spent around two

months in jail and the fact that the person Sant kumar for whom the

present appellant had appeared in the PMT Examination has already

been acquitted and the appeal is not likely to be heard at an early date,

this Court finds it expedient to allow the suspension application. The

prayer for suspension of sentence is allowed and it is directed that on

furnishing bail bond to the tune of Rs.25,000/- (rupees twenty five

thousand) with one surety in the like amount to the satisfaction of the

trial Court for his appearance before the Registry of this Court on

26/4/2021 and on subsequent dates as may be fixed by the Registry, the

appellant be released on bail and the substantive sentence shall remain

suspended pending this appeal.

IA No.1015/2021 stands allowed and disposed off.

c.c as per rules.

(Subodh Abhyankar) Judge Digitally signed by REENA PARTHO

das SARKAR Date: 2021.02.27 18:03:25 +05'30'