Jay Kumar Ojha vs The State Of Madhya Pradesh
2023 Latest Caselaw 2879 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 11609 of 2022
                                              (JAY KUMAR OJHA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-02-2023
                                Shri Bal Krishna Sharma, learned counsel for the appellant.

                                Shri    G.    P.   Chourasiya,       learned   Public   Prosecutor   for   the
                          respondent/State.

Heard on I.A.No.19543/2022 application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 06.12.2022

passed in Case No.14/2020 by Special Judge (MPDVPK Act) Gwalior whereby the appellant has been convicted and sentenced under Section 393 of the I. P.C. read with Section 1/13 of MPDVPK Act for five years RI with fine of Rs.3,000/- with default stipulation.

As per allegation leveled against the appellant is that he tried to rob the complainant who was having Rs. 40,000/- cash and caught hold him at the place of occurrence.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He further submits that during trial , the appellant

is in custody since the date of judgement i.e. on 6.12.2022. No recovery has been made from the possession of the applicant. Appeal is of the year 2022 which may take long time for it's conclusion. Appellant is ready to abide by all the terms and conditions which this Court deems fit and proper. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the contrary, learned counsel for the State opposed the application by Signature Not Verified Signed by: MOHD AHMAD Signing time: 17-Feb-23 10:10:19 AM

submitting that he was caught hold on the spot and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.19543/2022 is allowed.

It is therefore, directed that if appellant deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.25,000/- (Rupees Twenty Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment

awarded to him shall remain suspended till further orders and he shall be released on bail.

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

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 17-Feb-23 10:10:19 AM