Madhya Pradesh High Court
Vaibhav @ Bihari vs The State Of Madhya Pradesh on 21 February, 2022
Author: Rajeev Kumar Shrivastava
1
The High Court Of Madhya Pradesh
CRA No. 7321 of 2021
(VAIBHAV @ BIHARI Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 21-02-2022
Smt. Yashodhara Uniya, learned counsel for the appellant.
Shri Dheeraj Budholiya, learned Panel Lawyer for the respondent/State.
I.A. No.596/2022, an application for urgent hearing, is taken up, considered
and allowed for the reasons mentioned therein.
Appeal being arguable is admitted for final hearing.
Let record of the Court below be called for, if already not called.
Heard on I.A. No.598/2022, first application under Section 389(1) of
Cr.P.C. moved on behalf of appellant - Vaibhav @ Bihari for suspension of his
jail sentence.
This criminal appeal has been filed against the judgment dated 30/10/2021
passed by Third Additional Sessions Judge Guna (M.P.) in ST No.175/2017,
whereby appellant has been convicted under Sections 419, 420, 467, 468, 471 of
IPC and sentenced for two years RI under Section 419 of IPC and five years RI
for remaining Sections with fine of Rs.25,000/- under Section 419 of IPC and
Rs.1,25,000/- for remaining Sections 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 appellant is aged around 75 years and he has suffered
around 4 & half years jail incarceration against the punishment of five years.
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 arguments advanced by learned counsel for the parties,
without commenting on merits of the case, I.A.No.598/2022 is hereby allowed.
Subject to depositing of fine amount, if not already deposited, and on furnishing
personal bond of Rs.1,00,000/- (Rupees One Lakh 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 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: 2022.02.21
17:02:14 +05'30'
