Dharmendra Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 2291 MP

                                        1
             The High Court Of Madhya Pradesh
                      CRA No. 1668 of 2022
                     (DHARMENDRA TIWARI Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 18-02-2022
       Shri Yogendra Singh Tomar, learned counsel for the appellant.

       Ms. Upendri Singh, learned Panel Lawyer for the respondent/State.

Appeal being arguable is admitted for final hearing. Let record of the Court below be called for, if already not called. Heard on I.A. No.2717/2022, first application under Section 389(1) of Cr.P.C. moved on behalf of appellant - Dharmendra Tiwari for suspension of

his jail sentence.

This criminal appeal has been filed against the judgment dated 19/01/2022 passed by Eighth Additional Sessions Judge, Gwalior (M.P.) in S.T. No.125/2015, whereby appellant has been convicted under Section 193 of IPC and sentenced for three years RI with fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant has submitted that this is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of the appellant. It is further submitted that no case is made out against the appellant. Trial court has wrongly convicted the appellant without proper appreciation of facts of the case. It

is further submitted that the jail sentence of co-convicted accused Dr. Subhash Kakkad has already been suspended by this Court vide order dated 31/01/2022 passed in Cr.A. No.976/2022. The case of present appellant is on same footing. Appellant is ready to abide by any condition which may be imposed by this Court. It is also submitted that disposal of this appeal will take considerably long time. Hence, learned counsel prays to suspend the jail sentence of appellant.

Learned State counsel has opposed the application and submitted that no case for suspension of jail sentence of the appellant is made-out, therefore, prays for rejection of this application filed for suspension of jail sentence of the appellant.

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

Considering the fact that jail sentence of co-convicted accused Dr. Subhash

Kakkad has already been suspended by this Court, without commenting on merits of the case, I.A.No.2717/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifth 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 o n 25/04/2022 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.

E-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: 2022.02.18 18:28:47 +05'30'