Vinod vs The State Of Madhya Pradesh
2022 Latest Caselaw 634 MP

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                                              The High Court Of Madhya Pradesh
                                                        CRA No. 409 of 2022
                                                            (VINOD Vs THE STATE OF MADHYA PRADESH)

                                   Indore, Dated : 13-01-2022
                                             Shri Nilesh Agrawal, learned counsel for the appellant.

                                             Shri Mukesh Sharma, learned Panel Lawyer for the respondent/ State.

Heard through Video Conferencing.

Appeal is admitted for hearing.

Let record of the trial Court be called for.

Heard on I.A.No.440/2022, an application for suspension of sentence

and grant of bail to appellant - Vinod Billoriya.

The trial Court has convicted the appellant under Section 419, 420, 467, 468, 471 and 120-B of IPC and sentenced to undergo R.I. for two years with fine of Rs. 2,000/- , R.I. for three years with fine of Rs.2,000/-, R.I. for four years with fine of Rs. 2000/-, R.I. for three years with fine of Rs. 2,000/-, R.I. for three years with fine of Rs. 2,000/- and further R.I. for three years with fine of Rs. 2,000/- respectively with default stipulation vide judgment of conviction and sentence dated 21.12.2021 passed by Special Judge(Prevention of Corruption Act), Indore in case No. SC EOW/45/2018.

Learned counsel for appellant submits that appellant has purchased the property by taking loan and the co-accused Rakesh Khatik impersonated himself as Manakchand Saklecha, the original owner of the property vide sale deed dated 24.01.2003. He has been falsely implicated in the matter. Other co-accused persons have also been granted suspension of sentence vide orders dated 03.01.2022. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the appellant.

Looking to the short term of sentence and considering other facts and Signature Not Verified SAN circumstances of the case, this Court is of the considered view that it is a fit

Digitally signed by SEHAR HASEEN Date: 2022.01.14 17:25:06 IST

case for suspension of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No. 440/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with a solvent surety in

the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 21.02.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A is allowed.

List the case in due course.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.01.14 17:25:06 IST