Madhya Pradesh High Court
Manish Tiwari vs The State Of Madhya Pradesh on 4 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10510 of 2023
(MANISH TIWARI Vs THE STATE OF MADHYA PRADESH)
Dated : 04-12-2023
Shri A. M. Lal - Advocate for the appellant.
Shri Dinesh Prasad Patel - Dy. Government Advocate for the
respondent/State.
Heard on I.A.No.19756/2023, which is the first application under Section
389(1) Cr.P.C. for suspension of custodial sentence of the appellant and release
him on bail.
T he appellant has been convicted under Sections 120-B of IPC and
sentenced to undergo R.I. for 7 years with fine of Rs.5,000/-, under Sections
467 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.5,000/-,
under Sections 468 of IPC and sentenced to undergo R.I. for 7 years with fine
of Rs.5,000/-, under Sections 471 of IPC and sentenced to undergo R.I. for 2
years with fine of Rs.1,000/-, under Sections 406 of IPC and sentenced to
undergo R.I. for 3 years with fine of Rs.1,000/- and under Sections 420 of IPC
and sentenced to undergo R.I. for 7 years with fine of Rs.1,000/- with default
stipulations vide impugned judgment dated 24.02.2023 delivered in Sessions
Case No.200099/2012 by IIIrd Additional Sessions Judge, Katni, District Katni.
It is submitted by learned counsel for the appellant that the appellant has
falsely been implicated in the offence. There are several omission and
contradiction in the statements of the prosecution witnesses. During trial the
appellant was on bail and he never misused the liberty granted to him. The
appellant is in custody since the date of judgment i.e. 24/02/2023. It is further
submitted that the applicant is ready to deposit a sum of Rs. Three Lakhs under
protest. It is further submitted that appeal is of the year 2023 and there is no
likelihood of appeal being taken up for final hearing. Under such circumstances,
sentenced of the appellant may be suspended.
Learned counsel appearing for the State has supported the impugned
judgment and opposed the application for suspension of sentence.
Considering overall facts and circumstances of the case; period of
custody as well as the fact that the appellant is ready to deposit Rs.3,00,000/-
under protest, the appeal is of the year 2023 and there is no likelihood of early
hearing of the appeal in near future, without commenting on merits of the case
application is allowed.
I t is directed that on depositing a sum of Rs.3,00,000/- with the trial
Court, which shall be deposited in Fixed Deposit by the learned trial Court and
on depositing of entire fine amount (if not already deposited) and on furnishing
a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one
solvent surety in the like amount to the satisfaction of the trial Court for his
appearance before the trial Court on 24/01/2024 and on all subsequent dates as
may be fixed by the trial Court in that regard, the execution of substantial jail
sentence imposed on appellant shall remain suspended, till final disposal of this
appeal.
Let the appeal be listed for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
as
