Vishwaveer Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1377 MP

                                 1                        CRA505/2022

             HIGH COURT OF MADHYA PRADESH
                         CRA-505/2022
                (Vishwaveer SinghVs. State of M.P.)

Gwalior, Dated:31.01.2022
      Shri P.S.Bhadoria, learned counsel for the appellant.

      Shri Nirmal sharma,, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.661/2022 under Section 389 of Cr.P.C. filed by

appellant for suspension of sentence and grant of bail.

Vide judgment dated 07.01.2022 passed by learned Tenth

Additional Sessions Judge, Gwalior (M.P.) in S.T.No.337/2017, the

appellant has been convicted and sentenced as under:

Section Sentence Fine In default stipulation 419 of IPC 1 year RI Rs.1,000/- one month 420 of IPC 3 years RI Rs.3,000/- three months 467 of IPC 7 years RI Rs.5,000/- One year 468 of IPC 5 years RI Rs.5,000/- six months

In brief the prosecution case is that the applicant demanded Rs.

two lakhs from complainant Usha Tomar for giving compassionate

appointment due to death of her husband. Out of which she gave

Rs.50,000/-, but appointment order could not be issued. She lodged a

report at Police Station Padav, Crime Branch Section. During

investigation, the appellant was arrested and crime was registered.

It is submitted by learned counsel for he appellant that during

trial from 3.4.2017 to 7.1.2022, the appellant was in custody for four

years nine months and four days and he has not misused the liberty 2 CRA505/2022

granted to him and the fine amount has already been deposited.

Learned counsel for the appellant further submits that hearing of this

appeal shall take considerably long time. Under these circumstances,

he prayed to suspend the jail sentence of the appellant and grant bail.

Heard learned counsel for the parties through Video

Conferencing and perused the record.

Considering the facts and circumstances of the case and looking

to the custody period, appeal is of the year 2022 and the final outcome

of appeal will take time, but without commenting anything on the

merits of the case, IA.No. 661/2022 is allowed and it is directed that

jail sentence of appellant will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant

furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 28th March, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                                                        (Deepak Kumar Agarwal)
vv                                                            Judge




      VALSALA VASUDEVAN
      2022.02.01 10:21:08 +05'30'