Pooran vs The State Of Madhya Pradesh
2023 Latest Caselaw 5625 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 11850 of 2022
                                                 (POORAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-04-2023
                                 Shri Devi Singh Kushwah- Advocate for the appellant.

                                 Shri Purushottam Tanwar- Public Prosecutor for the respondent/State.

Let record of the trial Court be requisitioned. Heard on I.A.No.5551/2023, an application for suspension of sentence and grant of bail filed on behalf of appellant- Pooran.

The trial Court has convicted the appellants under Section 120-B of IPC

and sentenced to undergo six months' imprisonment with fine of Rs.1,000/-, under Section 420 of IPC and sentenced to undergo five years' imprisonment with fine of Rs.2,000/-, under Section 467 of IPC and sentenced to undergo five years' imprisonment with fine of Rs.2,000/-, under Section 468 of IPC and sentenced to undergo five years' imprisonment with fine of Rs.2,000/-, under Section 471 of IPC and sentenced to undergo five years' imprisonment with fine of Rs.2,000/- with default stipulation vide judgment of conviction and order of sentence dated 31.10.2022 passed by Second Additional Sessions Judge, Karera, District Shivpuri in S.T.No.121/2018.

Learned counsel for the appellant submits that appellant is in custody since 31.10.2022 and has suffered about 5 to 6 months' incarceration out of the total sentence awarded to him. As per the prosecution case itself, manipulation was found on the royalty pass Ext.P/11 with regard to number only. Appellant was the driver of the vehicle and he was having a document as given by the owner of the vehicle. There is nothing else on record against him. Learned trial Court has committed error in holding the appellant guilty for the aforesaid Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 06-04-2023 04:31:06 PM

offences. There is no likelihood of hearing of appeal in near future. Learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Heard learned counsel for both the parties and perused the record. Co-accused Devendra @ Bunty Gurjar has already enlarged on bail vide order dated 03.03.2023 in connecting Criminal Appeal No. 10261/2022. Appellant's case is similar to that co-accused, the application is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not

deposited, they shall be released on bail, on furnishing personal bond in the sum o f Rs.1,00,000/- (Rupees One Lakh Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 09.05.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

List for admission alongwith record.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 06-04-2023 04:31:06 PM