Sunny vs The State Of Madhya Pradesh
2022 Latest Caselaw 1163 MP

                 The High Court of Madhya Pradesh
                 Criminal Appeal No. 434/2022
                       (Sunny Vs. State of MP)

                                 1

Gwalior, dated 25.1.2022
      Heard through video conferencing.
      Ms. Ekta Vyas, learned counsel for the appellant.
      Smt. Abha Mishra, learned Public Prosecutror for the
respondent/State.

The appeal being arguable is admitted for final hearing. I.A. No. 575/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Also, heard on I.A.No.573/2022, first application under Section 389 (1) of CrPC for suspension of sentence on behalf of the appellant.

Appellant Sunny has been convicted under Section 392 of IPC read with Section 11/13 of MPDVPK Act and has been sentenced to undergo rigorous imprisonment of four years with fine of Rs.1,000/- with default stipulation.

It is submitted by learned counsel for the appellant that the trial Court has wrongly convicted the appellant without properly appreciating the evidence on record. The impugned judgment passed by the trial Court is arbitrary and unlawful and deserves to be set aside. In para 13 of the impugned judgment, Monu Goswami (PW-2) has identified the present appellant whereas in para 17 of the impugned judgment, Pratigya Dhenkula (PW-4) did not identify the present appellant, which is based on documentary evidence. Hence, prayed to suspend the jail sentence of the appellant.

Per contra, learned State counsel has opposed the application.

The High Court of Madhya Pradesh Criminal Appeal No. 434/2022 (Sunny Vs. State of MP)

Looking to the arguments advanced by learned counsel for the appellant, without commenting on merits of the case, subject to verification of deposition of fine amount, I.A. No. 573/2022 is allowed and it is directed that on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the trial Court, jail sentence of appellant shall remain suspended till disposal of this appeal and he be released on bail.

The appellant is further directed to mark his appearance before the Registry of this Court on 04/4/2022 and on subsequent dates as may be given by the Registry for the same purpose in future.

Certified copy as per rules.

ALOK KUMAR 2022.01.27 12:02:10 +05'30' 11.0.8 (Rajeev Kumar Shrivastava) AKS Judge