Gulshan Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 5606 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRA No. 9554 of 2022
                  (GULSHAN VERMA Vs THE STATE OF MADHYA PRADESH)

Dated : 06-04-2023
      Shri Sourabh Shrivastava -Advocate for the appellant.

      Ms. Nalini Gurung - Panel Lawyer for respondent/ State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Also Heard on I.A.No.19820/2022, application for suspension of sentence and grant of bail.

The appellant has been convicted under Section 399 of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.1000/-; Section 402 of IP C and sentenced to undergo R.I. for 3 years and fine of Rs.1000/- vide judgment dated 7.9.2022 passed by 26th Additional Sessions Judge, District Bhopal in Sessions Case No.400664/2015 ( State of M.P. Vs. Gulshan Verma

and others).

Learned counsel for the appellant submitted that during trial the appellant has remained on bail and has not misused the liberty granted by way of bail. Appellant has fair chances in succeeding the appeal as no cogent evidence is available against him. Therefore, it has been prayed that jail sentence of the appellant be suspended till final disposal of the appeal.

The prayer is opposed by learned Panel Lawyer for the respondent/State. Considering the evidence of prosecution witnesses available on record

and the fact that independent witnesses have not supported the prosecution case and there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid IA No.19820/2022 is allowed. The execution of jail sentence of appellant- Gulshan Verma is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 20.07.2022 and also on such other dates,

as may be fixed by the Registry in this regard during the pendency of this appeal.

List this case for final hearing in due course along with Cr.A.1478/2022. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

DEEPA Digitally signed by DEEPA MISHRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=JUDICIAL, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=3ece46b8e3ea2cc1fa35126c71ddf298e10aaed d7345a5efb4e2a1a8a88446bf, pseudonym=EDBA3C23FD7AA0D583DA5AD3755C3F3

MISHRA 7152C1CC0, serialNumber=E5AB7E7C0015E02D05F4525962F1C483 E415D288FB5C7C2082F662F2BB495B44, cn=DEEPA MISHRA Date: 2023.04.10 14:33:09 +05'30'