Gaurav Agrawal vs The State Of Madhya Pradesh
2022 Latest Caselaw 15097 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 8867 of 2022
                                              (GAURAV AGRAWAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-11-2022
                                 Mr. Rajeev Shrivastava, learned counsel for the appellant.

                                 Mr. Anil Shukla, learned Public Prosecutor for the respondent - State.

Admit.

Heard o n I.A. No. 15413 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 23.9.2022 passed by

Third Additional Sessions Judge, Gwalior (M.P.) in S.T. No. 6400392/2016, whereby the appellant has been convicted and sentenced under Section 420 of IPC to undergo rigorous imprisonment of three years with fine of Rs.3,000/-, under Section 104 of Trade Marks Act to undergo rigorous imprisonment of one year with fine of Rs.50,000/- and under Section 63 of Copyright Act to undergo rigorous imprisonment of one year with fine of Rs.50,000/-, 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. He

further submits that the appellant is in jail since the date of judgment. He was on bail during trial and did not misuse the liberty so granted. Present criminal appeal is likely to take long time to conclude. 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 Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Nov-22 10:05:27 AM

on record.

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 15413 of 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. Appellant is further directed to mark his appearance before the Office of this Court on 04.1.2023 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.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Nov-22 10:05:27 AM