Brijesh Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21826 MP

Madhya Pradesh High Court

Brijesh Singh Tomar vs The State Of Madhya Pradesh on 19 December, 2023

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 14940 of 2023
                                           (BRIJESH SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-12-2023
                                  Shri Anil Kumar Mishra - Advocate for the appellant.

                                  Shri Siraj Qureshi - Public Prosecutor for the respondent/State.

Heard on I.A.No.22010 of 2023, first application under Section 389(1) o f CrPC for suspension of jail sentence and grant of bail to the appellant- Brijesh Singh Tomar.

This Criminal Appeal assails the judgment dated 30.10.2023 passed in ST

No.451/2019 by VIth Additional Sessions Judge, Gwalior (M.P.) whereby, the appellant stood convicted under Section 3 & 5 of Immoral Traffic Prevention Act and sentenced to undergo rigorous imprisonment of three years with fine of Rs.2,000/- and Section 4 of Immoral Traffic Prevention Act and sentenced to undergo rigorous imprisonment of two years with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. Fine amount has already been deposited by the appellant. The jail sentence of

appellant was already suspended by learned Trial Court, under Section 389(3) of the Cr.P.C. 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. 22010 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.60,000/- (Rupees Sixty 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 30/01/2024 and on subsequent dates given by the Registry in this

regard, till final disposal of this appeal.

List this case for admission.

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

(RAJENDRA KUMAR VANI) JUDGE

Monika