Shubham vs The State Of Madhya Pradesh
2022 Latest Caselaw 13977 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 4730 of 2022
                     (SHUBHAM Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2022
      Shri J.P. Mishra, learned counsel for the appellant.

      Ms Abha Mishra, learned Public Prosecutor for the respondent-State.

Appeal being arguable, is admitted for final hearing. Heard on I.A. No. 14921/2022, which is second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant. Earlier application was dismissed as withdrawn.

This Criminal Appeal assails the judgment dated 10/05/2022 passed in Special Sessions Case No.33/2017 by Special Judge (MPDVPK Act) Gwalior (M.P.) whereby, appellant stands convicted under Section 392 of IPC read with Section 11/13 of MPDVPK Act and sentenced him to undergo 5 years RI with a fine of Rs.1000/-,with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. Appellant is aged around 28 years. The appellant was on bail during trial and he has not misused the liberty so granted to him. The appellant has suffered

around nine months of incarceration as against five years sentence awarded. There is no criminal record against the appellant. 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 submitted that offence registered under Section 392 of IPC read with Section 11/13 of MPDVPK Act and in TIP appellant has been identified by the concerned

witness and seized property has been recovered from possession of the appellant, therefore, 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. 14921/2022 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) 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 09/01/2023 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 as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Prachi

PRACHI MISHRA 2022.11.01 10:59:11 +05'30'