Madhya Pradesh High Court
Amir vs The State Of Madhya Pradesh on 11 August, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 549 of 2023
(AMIR Vs THE STATE OF MADHYA PRADESH)
Dated : 11-08-2023
Shri Avinash Sirpurkar, learned senior counsel with Shri Shone
Sirpurkar, learned counsel for the appellant.
Shri Gaurav Singh Chouhan, learned Dy.Govt.Advocate for the
respondent/State.
Heard on I.A. No.9563/2023, which is first application filed under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of the appellant - Amir.
Learned Trial Court has convicted the appellant under Section 420/120-B
of IPC and sentenced to undergo two years' RI with fine of Rs.1,000/-, under
Section 465/120-B of IPC and sentenced to undergo two years' RI with fine of
Rs.500/-, under Section 467/120-B of IPC and sentenced to undergo seven
years RI with fine of Rs.3,000/-, under Section 468/120-B of IPC and
sentenced to undergo five years' RI with fine of Rs.1,000/- and under Section
3/4 of M.P.Manyata Prapt Pariksha Adhiniyam and sentenced to undergo two
years' RI with fine of Rs.1,000/- with default stipulation, vide judgement of
conviction and order of sentence dated 13.12.2022 passed by the 1st Additional
Sessions Judge & Special Judge (VYAPAM), Indore, District Indore in S.T.
No.114/2014.
Pros ec ution case, in brief, is that complainant Sanjay Vyas,
Superintendent of Exam, Holkar Science College, Indore filed a written
complaint at P.S., Bhanwar Kuwa that on 19.5.2012 an entrance exam for
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 8/14/2023
10:11:43 AM
Animal Husbandry Diploma was conducted by VYAPAM, Bhopal. The centre
for the said exam was Holkar Science College, Indore. It is alleged that for the
said exam co-accused Anoop Dwivedi appeared in place of Amir Holkar in
room No.38, who was then caught by Investigator.
Learned counsel for the appellant submits that the appellant has not
committed any offence and has falsely been implicated in the case. The
Investigators, who caught the scorer is not made witness in the present case.
During trial appellant was on bail and he is in custody since the date of
judgment i.e.13.12.2022. Final hearing of this appeal is not possible in near
future therefore, it is prayed that the remaining sentence may be suspended and
the appellant may be released on bail.
Learned Dy. Government Advocate for the respondent/State has
opposed the prayer and prayed for rejection of the application.
We have heard learned counsel for both the parties and perused the
record.
Considering the facts and circumstances of the case coupled with the
fact that final disposal of this appeal is not possible in near future, without
expressing any opinion on the merits of the case, I.A.No.9563/2023 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, appellant Amir shall be released on bail, on furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith
solvent surety in the like amount to the satisfaction of Trial Court, for his
appearance before the Registry of this Court firstly on 30.10.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 8/14/2023
10:11:43 AM
I.A.No.11052/2023 for urgent hearing stands disposed of.
List for final hearing in due course alongwith connected cases.
Certified copy, as per Rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
patil
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 8/14/2023
10:11:43 AM
