Madhya Pradesh High Court
Deepak Mehra vs The State Of Madhya Pradesh on 9 May, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4106 of 2022
(DEEPAK MEHRA Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2022
Shri Umesh Vaidya, learned counsel for the appellant.
Shri Aditya Narayan Gupta, learned Government Advocate for the
respondent/State.
Shri Gupta, learned Government Advocate takes notice on behalf of the
respondent/State. Now there is no need to issue further notice to the
respondent/State.
Call for the trial Court record.
Heard on I.A.No.7699/2022, application under Section 389(1) of the
Cr.P.C. for suspension of sentence and grant of bail pending the appeal.
T h e appellant along with other co-accused has been convicted for
commission of offence punishable under Sections 420, 468 and 471/34 of IPC
and has been sentenced to undergo 2 years R.I., 3 years R.I. and 3 years R.I.
respectively, and fine of Rs.1000/-, Rs.1500/- and Rs.1500/- respectively with
default stipulations by 2nd ASJ, Narsinghpur vide judgement dated 5.4.2022 in
S.T. No.196/2017 (State of M.P. Vs. Kehar Singh and others).
Learned counsel for the appellant has submitted that appellant has been
released on bail by the trial Court till 9.5.2022 and during course of trial, he was
on bail and has not misused the liberty granted to him by way of bail. He has
fair chances to succeed in appeal. There is no cogent and reliable evidence
against him. He has also pointed out the evidence of witnesses and has
Signature Not Verified
SAN contended that evidence of prosecution witnesses is full of omissions and
Digitally signed by AMITABH RANJAN
Date: 2022.05.10 15:27:45 IST contradictions. Therefore, it has been prayed that the appellant be released on
bail.
O n the other hand, learned Government Advocate has opposed the
application for grant of bail to appellant.
Learned Trial Court itself has suspended the jail sentence and has
granted bail to appellant for presenting the appeal. There is no possibility of
hearing of this appeal in near future. Therefore, having taken into consideration
the arguments advanced by learned counsel for the appellant and the finding
recorded in the impugned judgment, I deem it proper to suspend the remaining
jail sentence of the appellants.
Consequently, I.A.No.7699/2022 is allowed. The execution of jail
sentence of appellant- Deepak Mehra is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that
appellant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court on 15.09.2022 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List this appeal for hearing on admission after receipt of record along
with Cr.A. No.3520/2022.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
SAN
Digitally signed by AMITABH RANJAN
Date: 2022.05.10 15:27:45 IST
