Vinay Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6576 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 10034 of 2022
                                        (VINAY KUMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 24-04-2023
                                 Shri Avinash Sirpurkar Senior Advocate with Shri Yogesh Kumar

                           Gupta, learned counsel for the Appellant.
                                 Shri Himanshu Joshi, Learned Advocate for Respondent.

Heard on I.A. No.539/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on

behalf of the Appellant - Vinay Kumar S/o Late Shri Parmanand Ji Mehta.

The Trial Court has convicted the appellant under Section 419 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs. 1,000/-, Section 420 of IPC and sentenced to undergo R.I. of 03 years with fine of Rs. 1,000/-, Section 467 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 3,000/-, Section 468 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs. 1,000/-, Section 471 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 3,000/- and Section 3(D)(2)/4 of M.P. Recognized Examination

Act, 1937 and sentenced to undergo R.I. for 2 years with fine of Rs. 1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 31.10.2022 passed by Special Judge, Vyapam, (C.B.I), Indore (M.P.) in S.C. No. 588/2018.

As per prosecution case, on 12.06.2014 SDM N.S. Dongre submitted a written complaint (Ex. P/40) to the SHO Khandwa mentioning that, the Pre Entrance Examination of candidates of PMT was conducted by M.P. Professional Examination Board on 11.06.2004 for the year 2004. The Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 25-04-2023 19:02:10

complainant got an information that in S.N. College Khandwa, some other candidates appeared in the examination in place of original candidates. On the basis of said information, the complainant inspected the aforementioned college and has found that the present appellant was appeared in the examination in place of co-accused Sishupal Singh Yadav. Upon interrogation, the present appellant disclosed that one Pappu Sharma sent him to appear in the examination and Pappu Sharma assured him that after the examination he will get Rs. 15,000/-. It has also been found that the present appellant appeared in the examination knowingly in place of Shishupal Singh Yadav and he has also made false signature of the Sishupal Singh Yadav. On 12.06.2004, an FIR

(Ex.P/41) was registered.

Learned counsel for the appellant submits that he has not committed any offence and has falsely been implicated in the case. During trial he was on bail and never misused the bail conditions. Co-accused Sishupal Singh Yadav has granted bail on 24.09.2015. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State has objected the prayer and prayed for rejection of application for suspension of sentence of the appellant.

We have heard learned counsel for both the parties and perused the record.

Considering the fact that co-accused Shishupal Singh Yadav granted bail on 24.09.2015 in CRA No. 2386/2015, also considering the evidence available on record against the appellant, final hearing of this appeal is not possible in

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 25-04-2023 19:02:10

near future. Therefore, without commenting on merits, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.539/2023, is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Vinay Kumar shall be released on bail, on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties of Rs. 50,000/- each to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 22.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

In view of the aforesaid, I.A.No.866/2023, which is an application for urgent hearing stands disposed off.

C.C. as per rules.

                              (S. A. DHARMADHIKARI)                        (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                        JUDGE

                           Vatan




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Signed by: VATAN
SHRIVASTAVA
Signing time: 25-04-2023
19:02:10