Vinod Vanshkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21430 MP

Madhya Pradesh High Court

Vinod Vanshkar vs The State Of Madhya Pradesh on 14 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 3356 of 2023
                                          (VINOD VANSHKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-12-2023
                                 Shri U.K. Tripathi- Advocate for appellants.

                                 Shri K.S. Patel- Panel Lawyer for respondent/State.

Hear d o n I.A. No.26493/2023, t h i s is the first application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of appellant No.1 -Vinod Vanshkar.

The appellant No.1 has been convicted vide judgment dated 10/02/2023 passed by 8th Additional Sessions Judge, Satna in S.T. No. 291/2021 and appellant No.1 has been found guilty for commission of offence punishable under Sections 148, 452, 307/149 (on two counts) and 323 of IPC and under Section 25(1-B) B of Arms Act and sentenced to undergo RI for 2 years, 2 years, 7 years, 3 months and 2 years and to pay fine of Rs.500/-, Rs. 500/-, Rs. 2,000/- and Rs.500/- for each offence respectively with usual default stipulations.

Learned counsel for the appellant No.1 submits that the trial Court has

not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant No.1 for aforesaid offence. Learned counsel for appellant No.1 submits that the case of appellant No.1 is similar to appellant No.2, whose application for suspension of custodial sentence and grant of bail has already been allowed by this Court, vide order dated 01/11/2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant No.1 may turn

infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellant No.1 on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant No.1 and prays for rejection of said application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the case of appellant No.1 is similar to appellant No.2, whose application for suspension of custodial sentence and grant of bail has already been allowed by this Court, vide order dated

01/11/2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant No. 1- Vinod Vanshkar shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 05/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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