Matadeen vs The State Of Madhya Pradesh
2022 Latest Caselaw 4896 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR

                        CRA No. 3002 of 2022
                (MATADEEN Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated:05.04.2022
      Shri B.D. Mahor, learned counsel for the appellant.

      Shri Ramadhar Choubey, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.5048/2022, first application under Section

389 of Cr.P.C. filed by appellant - Seema Jatav.

Vide judgment dated 15.03.2022 passed by 4th Additional

Sessions Judge Shivpuri in Special S.T.No.500263/2015 by which

the appellant has been convicted and sentenced as under:

Section Sentence Fine In default stipulation 120-B of 1 year R.I. Rs.500/- 15 days IPC 120-B of 5 years R.I. Rs.1000/- 1 month R.I. IPC 120-B of 7 years R.I. Rs.1500/- 45 days R.I. IPC 120-B of 5 years R.I. Rs.1000/- 1 month R.I. IPC 419/120- 1 year R.I. Rs.500/- 15 days B of IPC 420/120- 5 years R.I. Rs.1000/- 1 month R.I. B of IPC 467/120- 7 years R.I. Rs.1500/- 45 days R.I. B of IPC 468/120- 5 years R.I. Rs.1000/- 1 month R.I.

B of IPC

Case of the prosecution is that accused Matadeen and Semma

Jatav on 26.11.2010, they misrepresenting themselves opened a bank

account in the name of Ganshyam and Guddi and got cheque books

No.1874715. Afterwards, accused Babulal after annexing a seal of

S.D.O. Pohri issued the check. Matadeen introduced Ashok and his

wife. Report was lodged against offence under Sections 420, 419,

467 and 468 of IPC read with Section 120-B of IPC. After trial

appellants were convicted for the aforesaid offence.

During trial appellant Matadeen was in custody for eight days

and from the date of judgment till today. During trial appellant was

on bail. There are lots of contradictions and omissions in evidence.

Fine amount has already been deposited by the appellant. Conclusion

of the trial will take its own time. Therefore, prayed for grant of

suspension of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case,

I.A.No.5048/2022 is allowed. Subject to verification of fine amount

amount deposited by the appellant and on furnishing a personal bond

in the sum of Rs.50,000/- (Rupees fifty thousand only)

with one solvent surety in the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the appellant

shall remain suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 27.06.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                              (Deepak Kumar Agarwal)
mani                                                Judge

SUBASRI MANI
2022.04.06
12:24:21
-07'00'