Mithlesh Shakya vs The State Of Madhya Pradesh
2022 Latest Caselaw 12341 MP

                                                    1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                             CRA No. 421 of 2017
                                  (MITHLESH SHAKYA Vs THE STATE OF MADHYA PRADESH)

              Dated : 15-09-2022
                      Shri A.K. Jain, Advocate for the appellant.

                      Shri D.K. Budholiya, Panel Lawyer for the respondent/State.

I.A. No. 13959/2022, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A. No. 13958/2022, which is First application for suspension of sentence and grant of bail filed on behalf of the appellant

/Mithlesh Kori.

This appeal has been preferred against the judgment dated 11/08/2016 passed by Special Sessions Judge, (Dacoity), Lahar, Dist. Bhind in S.S.T. No. 63/2015, whereby, the appellant has been convicted under Section 392 r/w section 397 of IPC and sentenced to undergo R.I. for Ten Years with fine of Rs. 25,000/- with default stipulation.

Learned counsel for the appellant argued that the appellant has falsely been implicated in the case. It is further argued that learned trial court has wrongly convicted the present appellant as there is nothing on record to show his

involvement in the offence. It is further argued that appellant has served total imprisonment of eight (8) years out of total awarded imprisonment of ten (10) years. It is further argued that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses have Signature Notbeen examined.

Verified There are fair chances of success of this appeal. There is no Signed by: SANJAY NAMDEORAO DURGEKAR possibility of hearing of this appeal in near future. Under these circumstances, Signing time: 16-09-2022 10:07:52 AM

the execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail filed on behalf of the appellant and prayed for its rejection.

Keeping in view the facts & circumstances of the case, but without commenting on merit of the case, IA No. 13958/2022 is allowed. It is directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of C.J.M. District Bhind for his appearance before the CJM on 28.11.2022 and all

other subsequent dates as may be fixed by the C.J.M. in this regard till final disposal of this appeal.

In case, the appellant is found absent on any date fixed by the C.J.M, concerned then the said C.J.M shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

List the case for final hearing in due course. Certified copy as per rules

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 16-09-2022 10:07:52 AM