Vatsal Deepshbhai Gandhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 6088 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               CRA No. 306 of 2021
                (VATSAL DEEPSHBHAI GANDHI Vs THE STATE OF MADHYA PRADESH)

Dated : 25-04-2022
       Shri Anurag Gohil, learned counsel for the appellant.

       Shri Santosh Yadav, learned Dy. Govt. Advocate for the State.
       Heard on I.A. No.5540/2022, which is application filed on behalf of the
appellant for suspension of sentence and grant of bail.
       The appellant has been convicted by the trial Court under Sections 120-B &
420 of the I.P.C. and Section 66-C of the Information Technology Act, 2000 and

sentenced to R.I. for 5 years with fine of Rs.5000/-, R.I. for 5 years with fine of
Rs.5000/- and R.I. for 2 years with fine of Rs.50,000/- respectively, with default
stipulations.
       Learned counsel for the appellant submitted that the Court below without
properly appreciating the oral and documentary evidence available on record have
passed the impugned judgment. It is also submitted that co-accused Abhishek
Pathak has already been released on bail by the Supreme Court vide order dated
07.03.2022

, in this regard he has referred the decisions of the Supreme Court in the case of Abhishek Pathak Vs. State of M.P. [Special Leave to Appeal (Cri.)

No.99-100/2022]. It is also submitted that appellant has already been served jail sentence about 4 years 2 months and 23 days and the disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellant.

Learned Dy. Govt. Advocate has opposed the prayer for bail. Considering the over all facts and circumstances of the case and in the light of the decisions of the Supreme Court in the case of Abhishek Pathak (Supra), without commenting on merits of the case, the interlocutory application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a 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 custodial sentence of appellant Vatsal Deepshbhai Gandhi shall remain suspended and he shall be released on bail for securing his

presence before the trial Court concerned on 24.8.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court concerned on every date, without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.04.25 19:45:07 IST