Abhishek Pathak vs The State Of Madhya Pradesh
2021 Latest Caselaw 2847 MP

                                       1                                CRA-152-2021
           The High Court Of Madhya Pradesh
                      CRA-152-2021
            (ABHISHEK PATHAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

9
Jabalpur, Dated : 30-06-2021
       Heard through Video Conferencing.
       Mr. Sanjay Pandey, learned counsel for the appellants.
       Mr. Harshit Shukla, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.11118/2021, which is an application for suspension of sentence and grant of bail to appellant No.1 - Abhishek Pathak who has been

convicted under Sections 120-B, 420, 466, 468 and 471 of the IPC and Sections 66- C and 66-D of the I.T. Act and sentenced to R.I. for 5 years with fine of Rs. 5000/- (on five counts) and R.I. for 2 years with fine of Rs. 50,000/- (on two counts)with default stipulations.

It is contended by learned counsel for the appellants that the trial Court has not appreciated the evidence on record properly and wrongly convicted the appellant No.1 for the aforesaid offences. It is further submitted that co-accused appellant No.4- Mohd. Farhan Khan has been released on bail by the Court vide order dated 23.03.2021 and appellant NO.3- Shubham Geete and appellant No.2 - Shravan Kumar Maurya and appellant NO.5-Teekamjeet have been released vide order dated

11.06.2021. Appellant is in jail and disposal of this appeal would take considerable time due to second wave of Covid-19 pendamic. Hence, it is prayed that the appellant No.1- Abhishek Pathak be released on bail.

I have heard learned counsel for the parties and perused the impugned judgment as well as records.

Certain articles like mobile phones, laptop, magic jack device, pen-drive etc. have been seized from the possession of the appellant No.1 in his flat No.S-3. The appellant No.1 used to cheat the citizens of U.S. with the help of data provided to him by accused Vatsal Gandhi. The mail ID of US agencies were unlocked by the password provided by the appellant No.1 which shows that the appellant No.1 used to send fake notice and fake arrest warrant to the US residents. Whatsapp chat print out (Exhibit P-197) shows that appellant No.1 was using Mail ID - [email protected] to cheat citizens of US.

Hence, in view of the above and the findings rendered by the trial Court in the 2 CRA-152-2021 impugned judgment in respect of the present appellant, the case of the present appellant stands on a different footing than that of the co-accused who have been enlarged on bail. Keeping in view the role attributed to the present appellant, he is not entitled to suspension of sentence.

Accordingly, I.A. No.11118/2021 is dismissed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.06.30 23:29:29

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