Prince Gaba vs The State Of Madhya Pradesh
2023 Latest Caselaw 13128 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRR No. 3551 of 2023
                                              (PRINCE GABA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-08-2023
                                Mr. Mahmood Khan, Advocate for the petitioner.

                                Mr. Dheeraj Kumar Budholiya, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A.No. 14723 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397, 401

o f the Cr.P.C. against the impugned judgment dated 08.5.2023 in Cr.A.No. 69/2022 passed by Second Additional Sessions Judge, Vidisha (M.P.) affirming the judgment of conviction and sentence dated 10.9.2022 passed in Criminal Case No. 389/2022 by Chief Judicial Magistrate,District Vidisha (M.P.) whereby petitioner has been convicted and sentenced under Section 420 of IPC to undergo simple imprisonment of two years with fine of Rs.5000/- and under Section 66-D of I.T. Act to undergo simple imprisonment of one year with fine of Rs.5000/-, with default stipulations.

Learned counsel for the petitioner argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioner. It is further submitted that the petitioner has already suffered eighteen months of incarceration out of total jail sentence of two years. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Aug-23 1:10:52 PM

prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 14723 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 27.10.2023 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11-Aug-23 1:10:52 PM