Vishal Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 331 MP

                                      1

      IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR

                       CRA No. 12463 of 2022
       (VISHAL YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:05.01.2023
      Ms. Soumya Pawaiya, learned counsel for the appellants.

      Shri P.P.S Vazita, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.20167/22 an application under Section 389

of Cr.P.C. filed by appellant No.1 Vishal Yadav, and appellant No.2

Nepal Singh Yadav, for suspension of sentence and grant of bail.

Vide judgment dated 06.12.2022 passed by Additional

Sessions Judge, Raghogarh, District Guna S.T.No. 147/2019 by

which the appellants have been convicted as under:-

Section Sentence Fine In default stipulation 420/120 B 3 years Rs.2000/- 2 month RI for each of of IPC R.I. each each appellant.

3 /4 The 2 years R.I. Rs.1,000/- 1 month RI for each of M.P. for each of for each appellant.

      Recognized
      Examinatio
                   appellant   of
      n Act, 1937              appellant
      read    with
      Section
      120-B     of
      IPC

In brief, prosecution case is that on 15.07.2014, complainant

moved a written complaint before the concerning Police Station by

alleging that during the examination of High School Supplementary

Examination - 2014, One Vishal Yadav was appearing in place of

Nepal Yadav in Room No.7 at Govt. Excellence Higher Secondary

School, Raghogarh, District Guna (M.P.), therefore, penal action

shall be taken against the said student. As a result of which the

F.I.R. was registered at Crime No.190/2014 at Police Station

Raghogarh, District Guna (M.P.) u/s 476, 471, 477-A, 120_B of IPC

and Section 3 / 4 of M.P. Recognized Examination Act, 1937.

From the side of appellants/accused, it is submitted that

appellants have been falsely implicated. The appellants were on

bail during trial and did not misuse the liberty granted to them.

Fine amount has already been deposited by the appellants. Final

hearing of this appeal will take time. Therefore, prayed for grant of

suspension of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the

case, without commenting anything on merits of the case,

I.A.No.20167/22 is allowed. Subject to verification of fine amount

amount deposited by the appellants and on furnishing a personal

bond in the sum of Rs.25,000/- (Rupees Twenty five

thousand only) each with one solvent surety each in the like

amount to the satisfaction of the concerned trial Court, the

remaining jail sentence of the appellants shall remain suspended

and they shall be released on bail.

The appellants shall firstly appear before the Registry of this

Court on 30.03.2023 and thereafter on all other subsequent

date as may be fixed by the Registry in this regard, till disposal of

this appeal.

C.C.as per rules.

                                                    (Deepak Kumar Agarwal)
         mani                                             Judge

SUBASRI MANI
2023.01.05
18:03:34 -08'00'