Udayveer Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6325 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                               CRA No. 3423 of 2022
                    (UDAYVEER GURJAR Vs THE STATE OF MADHYA PRADESH)

Dated : 27-04-2022
       Shri Prabhakar Kushwah, learned counsel on behalf of Shri Arvind Kumar

Dwivedi, learned counsel for the appellant.
       Shri Purushottam Tanwar, learned Panel Lawyer for the respondent/State.

I.A. No.6542/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Appeal being arguable, is admitted for final hearing.

Heard on I.A. No. 5946/2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant- Udayveer Gurjar.

This Criminal Appeal assails the judgment dated 03.03.2022 passed in Case No. SC (DOCT) 11/2018 whereby, appellant stands convicted under Section 392 of IPC read with Section 13 of MPDVPK Act and sentenced him to undergo 7 years RI with a fine of Rs.1000/-,with default stipulations.

Learned counsel for the appellant- Udayveer Gurjar submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of

the case. The appellant was on bail during trial and he has not misused the liberty so granted to him. The appellant has suffered around two years of incarceration as against seven years sentence awarded. It is further submitted that the jail sentence of co-convicted persons, namely - Balveer and Satish, have already been suspended by this Court vide orders dated 30/03/2022 passed in Cr.A. No.2468/2022 & Cr.A. No.2396/2022 and the case of present appellant is on same footing. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A. No. 5946/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the

remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 04/07/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar

Digitally signed by SHUBHANKAR MISHRA Date: 2022.04.27 15:24:15 +05'30'