Govind @ Golu Nimja vs The State Of Madhya Pradesh
2022 Latest Caselaw 14593 MP

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            THE HIGH COURT OF MADHYA PRADESH
                         CRA No. 7333 of 2022
            [GOVIND @ GOLU NIMJA Vs THE STATE OF MADHYA PRADESH]



Gwalior, dt.:10/11/2022

      Shri Rajeev Shrivastava, learned counsel for appellant.

      Shri PPS Vajeeta, learned Public Prosecutor for respondent/State.

This criminal appeal assails the judgment dated 16/07/2022 passed

in Dociety Special Sessions Case No.36/2021, by Special Judge

(M.P.D.V.K Act, 1981) and Second Additional Sessions Judge, Gwalior

(M.P.) whereby the appellant has been convicted as under. :-

           Section          Imprisonment                 Fine
    392 of IPC and        Five Years' R.I.     Rs.1,000/-with default
    Section 11,13 of                           stipulation
    MPDVPK Act.

I.A.No.16280/2022, first application u/S.389(1) of Cr.P.C. for

grant of suspension of sentence moved on behalf of sole appellant-

Govind @ Golu Nimza is taken up and considered.

It is submitted by learned counsel for appellant that the trial Court

has wrongly convicted the appellant without appreciating the materials

and evidence available on record. He has further argued that the

appellant has suffered almost ten months of incarceration as against five

year's R.I. awarded. There are lots of contradictions and omissions in the

evidence of the prosecution witnesses. Disposal of appeal shall take

considerable time, therefore, he prays for suspension of sentence and

grant of bail to the appellant.

Per contra, learned Public Prosecutor for the respondent/State

vehemently opposed the prayer and submitted that the prosecution has

proved its case beyond doubt. Hence, prayed to reject the application.

Keeping in view, the facts and circumstances of the case, without

expressing any opinion on merits, the application (I.A.No.16280/2022)

for suspension of sentence is hereby allowed.

It is directed that jail sentence of appellant will remain under

suspension subject to depositing fine amount and on furnishing personal

bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent

sureties of the like amount to the satisfaction of the concerned trial

Court, for his appearance before the Registry of this Court on 14/12/2022

and thereafter on all subsequent dates as may be fixed by the office.

Application (I.A. No.16280/2022) stands disposed of.

Certified copy as per rules/directions.

(SUNITA YADAV ) JUDGE vpn VIPIN KUMAR AGRAHARI 2022.11.11 10:24:42 +05'30'