Dainy @ Narendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 14929 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 3279 of 2022
                                           (DAINY @ NARENDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-11-2022
                                Mr. Rajmani Bansal, learned counsel for the appellant

                                Mr. Inder Singh Asthana, learned Public Prosecutor for respondent/state.

Heard on I.A. No. 14581 of 2022, a second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 30.03.2022 passed in SC-DOCT No. 400051/2013 passed by Special Judge, MPDVPK Act, 1981 &

2nd Additional Sessions Judge, Gwalior (M.P.) whereby, appellant stands convicted under Section 392 of of IPC read with Section 13 of MPDVPK Act and sentenced to undergo rigorous imprisonment of five years with fine of Rs. 1000/- and with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further argued that the appellant has suffered around 1.5 year of incarceration. It is further argued that the witness of seizure has turned hostile and PW-3, the prosecutrix, has not supported the case of the prosecution completely.

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 prayed to reject the application.

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

Considering the arguments advanced by learned counsel for the parties, Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 16-Nov-22 10:27:29 AM

without commenting on merits of the case, I.A. No. 14581 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs. 1,00,000/- (Rupees One Lakh only) each with one solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. Appellants are further directed to mark their appearance before the Office of this C o urt o n 03.01.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for

compliance.

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

(SUNITA YADAV) JUDGE

Chetna

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 16-Nov-22 10:27:29 AM