Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 21 June, 2022
Author: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8264 of 2021
(MANOJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-06-2022
Shri Manish Datt, learned Sr. counsel with Shri Dhiraj Tiwari, learned
counsel for the appellants.
Mrs. Ekta Gupta, learned P.L. for the respondent-State.
Record has been received.
Learned counsel for the appellants wants to withdraw IA No. 10060/2022
which is an application for grant of temporary bail.
Prayer is allowed.
Accordingly, IA No. 10060/2022 is dismissed as withdrawn.
Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on I.A.No23915/2021, which is an application under Section
389(1) of Cr.P.C. for suspension of the custodial sentence passed against
appellants Manoj and Vinod.
This appeal has been preferred against the judgement dated 27.12.2021
p as s ed by the Second Additional Sessions Judge, Gadarwara, Distt.
Narsinghpur in S.T. No.395/2013whereby learned Judge found the appellants
guilty for the offences punishable under Sections 420, 467, 468, 471 of IPC and
Section 66(D) of I.T. Act and sentenced both of them to undergo R.I. for 5
years with fine of Rs.1000/-, R.I. for 5 years with fine of Rs.1000/-, R.I. for 5
years with fine of Rs.1000/-, R.I. for 5 years with fine of Rs.1000/- and R.I. for
Signature Not Verified
SAN 3 years with fine of Rs.2000/- with default clause, .
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2022.06.21 17:54:58 IST
Learned counsel for the appellants submitted that appellants are innocent
a n d have falsely been implicated in the offence. Learned counsel for the
appellants submitted that there is no evidence on record to show that appellants
prepared any forged identity card or voter I.D. card. Learned trial Court without
appreciating all these facts and without any legal evidence in this regard wrongly
found appellants guilty for the aforesaid offences. Appellants are in custody
since the date of judgment i.e. 27.12.2021. Hence prayed for suspension of the
jail sentence and release of the appellants on bail since the hearing of this appeal
will take time.
On the other hand, learned counsel for the State opposed the prayer and
submitted that from the prosecution evidence the guilt of the appellants was
proved beyond reasonable doubt, therefore, learned trial Court has rightly
convicted and sentenced the appellants. So the sentence of the appellants
should not be suspended.
Looking to the facts and circumstances of the case, contention of learned
counsel for the appellants and the fact that appellants are in custody since
27.12.2021 and according to listing policy the hearing of this appeal will take
time, the application is allowed and it is directed that the execution of the jail
sentence alone passed against the appellants Manoj and Vinod shall remain
suspended during the pendency of this appeal and they be released on bail upon
furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only)
each with one surety each in like amount to the satisfaction of the trial Court for
their appearance before the Registry of this Court on 21.11.2022 and on such
further dates as may be fixed in this behalf by the Registry during the pendency
of this appeal.
Signature Not Verified
SAN
List the matter for final hearing in due course.
Digitally signed by NAVEEN KUMAR
SARATHE
C.C. on payment of usual charges.
Date: 2022.06.21 17:54:58 IST
(RAJEEV KUMAR DUBEY)
JUDGE
sarathe
Signature Not Verified
SAN
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2022.06.21 17:54:58 IST
