Sanjeev Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 2091 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 296 of 2023 (SANJEEV SHUKLA Vs THE STATE OF MADHYA PRADESH)

Dated : 06-02-2023 Shri Dharmendra Nayak with Shri Vivek Ranjan Pandey - Advocates

for the appellant.

Shri Alok Agnihorti - Deputy Government Advocate for the State.

Record of the trial court has been received. Heard on the question of admission.

Considering the submission made by the counsel for the appellant, it appears that appeal involves arguable points, therefore it is admitted for final hearing.

Also heard on I.A. No. 1640/2023, which is the first application on behalf of the appellant under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail.

Vid e the impugned judgment the appellant has been convicted under Section 420 read with Section 120B, 467 and 468 IPC and sentenced to undergo RI for 3 years & fine Rs.5000/-; in default 01 month RI, RI for 4 years

& fine Rs.10000/-; in default 03 months RI and RI for 2 years RI & fine Rs.5000/-; in default RI for 01 month respectively.

He submits that findings of the Court below is perverse and contrary to the material available on record. He submits that the prosecution has failed to prove the charges against the present appellant and only on the basis of irrelevant material facts the present appellant has been awarded sentence as quoted above. He submits that even otherwise the present appellant is in jail since 30.12.2022. Learned counsel for the appellant submits that entire fine Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 2/7/2023 12:48:18 PM

amount has been deposited. Appeal would take time to be heard finally and accordingly the application may be considered.

Shri Agnihotri appearing for the State has opposed the application. He submits that the findings given by the Court below are after consideration of evidence adduced by the prosecution in detail and giving reasoned finding for holding the appellant guilty for the offence and as such the findings cannot be said to be perverse and thus I.A.No.1640/2023 deserves to be dismissed.

Considering the submissions made by the counsel for the parties, I am inclined to consider and allow the application, therefore, without commenting on the merits of the case, I.A.No.1640/2023 is allowed.

I t is directed that remaining jail sentence of the appellant shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court o n 08.05.2023 and on such other dates as may be fixed by the Registry in this regard.

Accordingly, I.A. No1640/2023 is allowed and disposed of. List this case for final hearing in due course. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 2/7/2023 12:48:18 PM