Pradeep Mishra @ Kunwar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2401 MP

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             The High Court of Madhya Pradesh
                                                         Cr.A.No.1245/2022

       (Pradeep Mishra @ Kunwar Singh Vs. State of M.P.)

Gwalior dated 21.2.2022

      Shri J.P.Mishra, learned counsel for the appellant.

      Shri   B.P.S.Chauhan,     learned     Public   Prosecutor   for   the

respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.2415/2022, first application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Pradeep Mishra.

This criminal appeal has been filed against the judgment dated

27.1.2022 passed in S.T.No.120/2017 by the Fourth Additional

Sessions Judge, Bhind, convicting appellant under Sections 419, 420,

466, 468, 471 of IPC and sentencing him to undergo 3 years RI with

fine of Rs.1,000/-, 7 years RI with fine of Rs.5,000/-, 7 years RI with

fine of Rs.5,000/-, 7 years RI with fine of Rs.5,000/- and 7 years RI

with fine of Rs.5,000/- respectively.

As per prosecution case, appellant showing himself to be

Constable Kunwar Singh submitted an application along with certified

copy of the order of the High Court passed in Case No.5225/2016 to

the SDOP, Mehgaon, Distt. Bhind, requesting to submit the case diary

of Crime No.391/2016 after necessary proceedings in police Station,

Porsa. The said order when checked was found to be forged and

The High Court of Madhya Pradesh Cr.A.No.1245/2022

fabricated.

It is submitted by learned counsel for the appellant that out of

aforesaid maximum jail sentence of seven years RI, appellant has

already suffered incarceration of more than four years and ten months.

Final hearing of the appeal will take time and appellant has a good case

on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.2415/2022 is allowed and

it is directed that jail sentence of appellant- Pradeep Mishra will remain

under suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety of the like amount to

the satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 25th July, 2022 and on such further

dates as may be fixed by the office in this regard till disposal of the

appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.02.21 17:11:24 +05'00'