Vikash Choudhary vs State Of Mp
2021 Latest Caselaw 6367 MP

                                  1                             CRA-3974-2020
        The High Court Of Madhya Pradesh
                   CRA-3974-2020
                        (VIKASH CHOUDHARY Vs STATE OF MP)

8
Jabalpur, Dated : 04-10-2021
      Heard through Video Conferencing.
      Ms. Swati A. George, learned counsel for the appellant.
      Mr. Ajay Tamrakar, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing.

Heard on I.A.No.10329/2021 which is third application for suspension of sentence and grant of bail to the appellant who stands convicted vide impugned judgment dated 29.02.2020 passed by 3rd Additional Sessions Judge, Katni in ST No.113/2019 for offences punishable under Section 392 of the Indian Penal Code and sentenced to undergo RI for five years with fine of Rs.5,000/- with default stipulation. Earlier I.A. No.7880/2020 was dismissed vide order dated 25.09.2020 on merits and I.A. No.359/2021 was dismissed as withdrawn vide order dated 21.01.2021.

Learned counsel for the appellant submits that conviction of the

appellant under Section 392 of the Indian Penal Code is illegal and misconceived as there is no evidence to that effect. The main contention of learned counsel for the appellant is that the appellant is in custody since 10.06.2019 and disposal of this appeal would take a considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case as well as jail sentence awarded on the appellant and the custody period already undergone by him, without commenting upon the merits of the case, I.A. No.10329/2021 is allowed. It is directed that on furnishing a personal bond in 2 CRA-3974-2020 the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon Vikash Choudhary shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 14.12.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of

this appeal.

I.A.No.10329/2021 stands disposed of.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2021.10.05 17:47:55 IST