Mohan Yadav vs Economic Offence Wingh Unit ...
2023 Latest Caselaw 6040 MP

                                                   1
                          IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE

                                       CRA No. 5081 of 2023
                      (MOHAN YADAV AND OTHERS Vs ECONOMIC OFFENCE WINGH UNIT INDORE)



            Dated : 13-04-2023
                    Shri L.N. Soni, learned Sr. Counsel alongwith Shri Vishnu Kumar
            Soni, learned counsel for the appellants.
                    Shri Anand Bhatt GA appearing on behalf of Advocate General.
            ____________________________________________________________
                    Heard on I.A. no. 5120/2023 which is an application filed under
            section 389 (1) of Cr.P.C on behalf of both appellants for grant of bail
            and suspension of remaining jail sentence.
                    The appellants have been convicted under sections 467/120-B,
            468 /120-B, 420 and 471 of IPC and sentenced to undergo three years
            R.I with fine of Rs. 3000/- each on three counts and two years R.I with
            fine of Rs. 2000/- respectively with default stipulation.

                    Learned counsel for the appellants contended that the appellants
            are innocent and have been falsely implicated in this offence. After
            passing the judgment, their jail sentence have been suspended
            temporarily by the trial Court. During trial, they were remained on bail
            and they have not misused the liberty granted to them. There is material
            contradictions and omissions in the statement of the prosecution
            witnesses There is strong case in favour of the appellants. Final disposal
            of the appeal will take considerable long time. Under these
            circumstances, he prays that the application be allowed and the
            remaining jail sentence of both the appellants be suspended till final
            disposal of the appeal.

Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 4/13/2023
5:30:57 PM
                                                  2

                    Learned GA for the respondent/State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the appellants by submitting that the appellants have been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellants were remained on bail during trial and they have not misused the liberty granted to them and final disposal of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of both the appellants.

Accordingly, IA No.5120/2023 is allowed and the execution of remaining jail sentence of both the appellants is hereby suspended till the final disposal of this appeal and it is ordered that the appellants be released on bail upon their depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- each with one solvent surety each of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 30/10/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 4/13/2023 5:30:57 PM