Anil Prakash Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 14008 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 8796 of 2023
                                              (ANIL PRAKASH SONI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-08-2023
                                    Shri Harjas Singh Chhabra - Advocate for the appellant.

                                    Shri Vishwamohan Bahrdwaj - Advocate for the respondent/Lokayukt.

Heard on the question of admission.

The appeal seems to be arguable, hence admitted for final hearing. Also heard on I.A. No.16433/2023, which is an application under Section

389 of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

Appellant has been convicted for the offence punishable under Section 7 of the P.C. Act and sentenced to R.I. for three years and fine of Rs.5,000-/ and under Section 13(1)(d) read with Section 13(2) of the P.C. Act and sentenced to R.I. for three years and fine of Rs.5,000/-/ with default stipulations.

Appellant's sentence of suspension was suspended by the trial Court itself.

The complainant, who has been examined as PW/1 has turned hostile and has not supported the prosecution story rather in his main-examination he has

stated that he did not want to continue the trial as the application for payment of the bill was allowed by the appellant, but the proceedings were still continue at the insistence of the Investigating Officer.

In view of the testimony of PW-1 and para 143 and para 147 of the trial Court judgment which shows that the DVR as well as the transcript has not been believed by the trial Court, this application I.A. No.16433/2023 is allowed.

Remaining jail sentence of the appellant is hereby suspended subject to Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 8/25/2023 5:06:38 PM

depositing the fine amount and furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, with a further direction to appear before the Registry of this Court firstly on 22.12.2023, and also on such other dates as may be fixed by the Registry in this regard during pendency of this appeal.

List along with Cr.A. No.8779/2023.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 8/25/2023 5:06:38 PM