Satish vs The State Of Madhya Pradesh
2022 Latest Caselaw 4552 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA No. 2396 of 2022
                        (SATISH Vs THE STATE OF MADHYA PRADESH)

Dated : 30-03-2022
       Shri R.K. Dubey, counsel for the appellant.

       Shri Manish Nayak, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal being arguable, is admitted for final hearing. I.A.No.5126/2022, which is the first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-

Satish Gurjar.

This Criminal Appeal assails the judgment dated 03.03.2022 passed in Case No. SC (DOCT) 11/2018 whereby, appellant stand convicted under Section 392 of IPC read with Section 13 of MPDVPK Act and sentenced him to undergo 7 years RI with a fine of Rs.1000/-, in default of payment of fine further sentence has been awarded as stipulated in the judgment.

Learned counsel for the appellant submits that the appellant was on bail during trial and he did not misuse the liberty so granted to him. The appellant has suffered about 20 months of incarceration as against seven years sentence

award ed . Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.5126/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office

of this Court on 04/07/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Van

VANDANA VERMA 2022.03.30 16:35:07 -07'00'