Omprakash Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 2433 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       CRA No. 131 of 2022
                                           (OMPRAKASH GUPTA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-02-2023
                                Shri Ravi Dwivedi- Advocate for the appellant.

                                Shri CP Singh- Panel Lawyer for the respondent- State.

Heard on IA No. 2426 of 2023, which is the second application filed under Section 389(1) of CrPC for suspension of jail sentence and grant of bail to appellant Omprakash Gupta. First application i.e. IA No. 7364 of 2022 was

dismissed as withdrawn vide order dated 24-01-2023.

Vide judgment dated 10-11-2021 passed by Special Judge, Guna in Special Case SC ATR No.45 of 2020, by which the appellant has been convicted under Sections 342, 377, 323 of IPC and sentenced to undergo rigorous imprisonment of 1 year, 10 years with fine Rs.1,000/-, Rs.3,000/- and Rs.1,000/- respectively with default stipulation.

It is submitted by learned counsel for the appellant that the trial Court has committed an error in passing the impugned judgment of conviction and sentence against the appellant. No case is made out against the appellant for

commission of alleged offence. There is material contradiction and omission in the evidence of prosecution witnesses. The appellant is in custody since 21-01- 2020 i.e. since near about three years. This appeal has already been admitted by this Court vide order dated 15-03-2022 and final disposal of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

On the other hand, the application is opposed by the Counsel for the State and prayed for its rejection.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/11/2023 11:08:45 AM

Considering the facts and circumstances of the case as well as the fact that appellant is in custody since 21-01-2020, final disposal of the appeal will take time, but without expressing any opinion on the merits of the case, IA is allowed and on depositing the fine amount (if not deposited by the appellants), the execution of jail sentence of appellant shall remain suspended and he shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) along with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court first on 24th April, 2023 and on all other subsequent dates as may be fixed by the Office.

List the matter for final hearing in usual course. CC as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/11/2023 11:08:45 AM