Nitin Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 832 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 7550 of 2022
                   (NITIN KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Dated : 13-01-2023
      Smt. Upendri Singh Narwarya, learned counsel for the appellant.

      Shri Nirmal Sharma, Public Prosecutor for the respondent/State.

Heard on the question of admission.

Record of the trial Court has already been received. Appeal appears to be arguable, is admitted for final hearing. Heard on I.A.No.18823 of 2022, second application u/Sec. 389 of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Nitin Kushwah.

This criminal appeal has been filed against the judgment dated 25-07-2022 passed in S.T.No.514 of 2017 by 10th Additional Sessions Judge, Gwalior whereby appellant has been convicted under Section 489(b) of IPC and sentenced to undergo four years RI with fine of Rs.5,000/- and further he has been convicted under Section 489(c) of IPC and sentenced to undergo four years RI with fine of Rs.5,000/- with default stipulation.

The allegation against the present appellant is that on 13-07-2017, fifty

counterfeit currency notes denomination of Rs.100/- were seized from the possession of the appellant for which he has been made an accused and he was arrested. After completion of investigation and other formalities, charge sheet was filed and after conclusion of trial, the learned trial Court convicted and sentenced the appellant for the offence as mentioned above.

Learned counsel for the present appellant submits that the appellant has been falsely implicated in the case. He has already suffered near about two

years of jail sentence. The appellant is in custody since date of passing of impugned judgment dated 25-07-2022. Final outcome of appeal will take some time. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

O n the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel for the parties and the fact that early hearing of this case is not possible, I.A. is allowed. It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance

before the Principal Registrar of this Court on 24 th April, 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.

IA is allowed and disposed of.

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

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Van

VANDANA VERMA 2023.01.13 16:09:06 -08'00'