Citation : 2022 Latest Caselaw 87 MP
Judgement Date : 3 January, 2022
1 CRA-8166-2021
The High Court Of Madhya Pradesh
CRA No. 8166 of 2021
(LALIT AGRAWAL Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 03-01-2022
Shri Arpit Yadav, learned counsel for the appellant.
Shri Gopal Yadav, learned Panel Lawyer for the respondent/ State.
Let the record of the trial Court be called for. Heard on I.A.No.30418/2021, an application for suspension of sentence and grant of bail to appellant - Lalit Agrawal.
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 three years with fine of Rs. 2000/-, R.I. for three years with fine of Rs. 2,000/- and 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 referred the statement of defence witness
DW-1 namely Vinod Billoria stating that appellant has only signed on the sale deed as a witnesses identifying Vinod Billoria. He has been falsely implicated in the matter. 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 circumstances of the case, this Court is of the considered view that it is a fit 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.30418/2021 is allowed and jail sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not Signature Not Verified SAN
Digitally signed by SEHAR HASEEN Date: 2022.01.04 11:31:40 IST 2 CRA-8166-2021 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.
C.C. as per rules.
(SATYENDRA KUMAR SINGH) JUDGE
sh
Signature Not Verified SAN
Digitally signed by SEHAR HASEEN Date: 2022.01.04 11:31:40 IST
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