Anand Parihar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21571 MP

Madhya Pradesh High Court

Anand Parihar vs The State Of Madhya Pradesh on 15 December, 2023

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 15577 of 2023
                                               (ANAND PARIHAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-12-2023
                                  Shri Neeraj Dhamanya, learned counsel for appellant.

                                  Shri    Lokendra      Shrivastava,    learned     Public      Prosecutor   for
                           respondent/State.

Heard on I.A.No.23003 of 2023, first application under Section 389 of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 04.12.2023 passed in

Sessions Trial No. 66/2020 by First Additional Sessions Judge Karera, District Shivpuri (M.P.) whereby, the appellant stood convicted under Section 205 of IPC and sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,000/- and under Section 419 of IPC and sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,000/- , with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He further submits that the trial Court has already suspended the jail sentence of the appellant till 05.01.2024. Appellant was on bail during trial and he did not

misuse the liberty so granted. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the material available on record.

Considering the submissions made by learned counsel for the appellant

as well as the facts and circumstances of the case, without commenting on merits of the case, I.A.No. 23003 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Registry of this Court on 25/01/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

Record of the Court below be called for.

List after the receipt of record.

A copy of this order be sent to the concerned Court below for compliance.

(RAJENDRA KUMAR VANI) JUDGE

Aman