Mukesh Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 837 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 718 of 2023
                 (MUKESH KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Dated : 13-01-2023
      Ms. Ayushi Vyas - Advocate for appellant.

      Shri Kaushlendra      Singh       Tomar   -   Government Advocate       for
respondents/State.

Record of the Court below be called for.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing.

Also heard on I.A.No.839/2023, an application for suspension of sentence on behalf of the appellant Mukesh Kushwah.

The trial Court has convicted the appellant under Section 420 of IPC and sentenced to undergo three years' RI with fine of Rs.2,000/-, under Section 205 of IPC and sentenced to undergo three years' RI with fine of Rs.2,000/-, under Section 467 of IPC and sentenced to undergo three years' RI with fine of Rs.2,000/-, under Section 468 of IPC and sentenced to undergo three years' RI with fine of Rs.2,000/-, under Section 471 of IPC and sentenced to undergo three years' RI with fine of Rs.2,000/-, under Section 120-B of IPC and

sentenced to undergo three years' RI with fine of Rs.2,000/-, under Section 420/120-B of IPC and sentenced to undergo three years' RI with fine of Rs.2,000/- with default stipulation, vide judgment of conviction and order of sentence dated 31.12.2022 passed in Sessions Trial No.353/2015 by Additional Sessions Judge, Gwalior.

Learned counsel for the appellant submits that appellant was enlarged on bail during trial and his sentence has already been suspended by the learned trial

Court till 01.02.2023. The appellant was on bail during trial and he has not misused the liberty granted to him. Learned trial Court has committed error in holding the appellant guilty for the aforesaid offences. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions and nature of allegations alleged against the appellant and the period of short sentence awarded to appellant and also considering the fact that there is no likelihood of hearing of this appeal in

the near future and he was enlarged on bail during trial, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 24.02.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Avi Digitally signed by ABHISHEK CHATURVEDI Date: 2023.01.13 18:25:08 +05'30'