Madhya Pradesh High Court
Atul Kumar Dixit vs The State Of Madhya Pradesh on 21 September, 2021
Author: Sheel Nagu
1 CRA-2414-2021
THE HIGH COURT OF MADHYA PRADESH
CRA-2414-2021
(Atul Kumar Dixit Vs. The State of M.P.)
Gwalior, dated: 21.09.2021
Shri D.R.Sharma and Shri V.D. Sharma, learned counsel for the
appellant.
Shri Rajesh Shukla, learned Dy.A.G. for respondent/State.
Learned counsel for rival parties are heard.
This criminal appeal assails judgment dated 25.03.2021 passed
in S.T. No.23/2012 by IInd Additional Sessions Judge Seondha District
Datia (M.P.) whereby appellant-Atul Kumar Dixit has been convicted and
sentenced as under :-
Section Imprisonment Fine
468 of IPC 7 years' R.I. Rs.3000/- with default
stipulation
467 of IPC L.I. Rs.5000/- with default
stipulation
471 of IPC 2 years' R.I. Rs.3000/- with default
stipulation
420 of IPC 7 years' R.I. Rs.1000/- with default
stipulation
273 of IPC 6 months' R.I. Rs.1000/- with default
stipulation
272 of IPC 2 years' R.I. Rs.1,00,000/- with
default stipulation
103 Trademark 2 years' R.I. Rs.1,00,000/- with
Adhiniyam default stipulation
104 Trademark 2 years' R.I. Rs.1,00,000/- with
Adhiniyam default stipulation
Learned counsel for appellant at the very outset seeks and is
permitted to withdraw IA 17840/21, 1st application for suspension of
sentence and grant of bail moved on behalf of appellant-Atul Kumar Dixit.
Accordingly, IA 17840/21 stands dismissed as withdrawn.
I.A.No.26556/2021, 2nd application u/S. 389(1) Cr.P.C. for
2 CRA-2414-2021
temporary suspension of sentence and grant of bail moved on behalf of
appellant-Atul Kumar Dixit is taken up and considered.
The said IA has been filed on compassionate ground of ill-health
of mother of sole appellant. Health status report of mother of appellant filed
by Police Station Bhaguapura District Datia vide letter dated 13.09.2021
reveals that she is presently hospitalized at Lucknow where she is being
looked after by her daughter-in-law (wife of younger brother of appellant)
with no other major member in the family. Mother of appellant appears to be
serious.
In view of above and looking to the fact that there is no
likelihood of early disposal of appeal in near future, this court, without
entering into merits of the case, is inclined to grant interim suspension of
sentence to sole appellant-Atul Kumar Dixit for a period of 60 days.
Accordingly, without expressing any opinion on merits,
I.A.No.26556/2021 is allowed and it is directed that sole appellant- Atul
Kumar Dixit be released on interim bail for a period of 60 (Sixty) days
from the date of release, subject to his furnishing bail bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties of the like
amount to the satisfaction of concerned CJM provided that amount of
fine has been deposited by sole appellant- Atul Kumar Dixit.
It is further directed that sole appellant-Atul Kumar Dixit shall
surrender before the concerned Magistrate immediately after expiry of 60
days.
The learned concerned CJM/Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol
3 CRA-2414-2021
prescribed from time to time by the Supreme Court, the Central Govt. and
as well as the State Govt during release, travel and residence of sole
appellant- Atul Kumar Dixit during period of suspension of sentence as a
consequence of this order.
The intimation regarding surrender by sole appellant- Atul
Kumar Dixit be furnished to the Registry of this Court by the concerned
Magistrate.
Appellant is directed to file requisite documents to show that his
mother has taken treatment during the interregnum period before the next
date of hearing.
A copy of this order be sent to the Court concerned for
information.
List the case in the week commencing 15th November, 2021.
(Sheel Nagu) (Anand Pathak)
Judge Judge
ojha
YOGENDR
A OJHA
2021.09.2
2 10:49:04
+05'30'
