Shrikant Shukla/Dwivedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 890 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 5025 of 2022
                                       (SHRIKANT SHUKLA/DWIVEDI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-01-2023
                                Shri S.K. Gautam - Advocate for the appellant.

                                Shri Vijay Kumar Pandey - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Record of the trial Court perused.

Criminal Appeal is admitted for final hearing.

Als o heard on I.A.No. 10860/2022 which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant Shrikant Shukla/Dwivedi.

The appellant has been convicted for offence under Sections 420, 467, 468, 471, 474/34 of the of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 05 years, 05 years, 05 years, 02 years and 02 years and fine of Rs.1000/-, Rs.1000/-, Rs.1000/-, Rs.1000/- & Rs.1000/- respectively with default stipulation vide judgment dated 22.01.2022 passed in ST No. 108/2011 by learned 3rd Addl. Sessions Judge, Mandla (M.P.).

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the alleged offence. It is also submitted that learned trial Court has not properly appreciated the evidence of Balram Janghela (PW-2), Vijay Kumar Sahu (PW-3), Govind Keshwani (PW-4), Kamal Prasad Yadav (PW-8), Akhtar Khan (PW-11) and Purushottam Nanhe (PW-12) who did not support the prosecution story. The main accused of this case namely Amit Kumar Khampariya has already been enlarged on bail and his jail sentence has already been suspended vide order dated 16.02.2022 passed in CRA No. Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/19/2023 2:57:30 PM

1010/2022. Appellant is in jail for more than 07 months. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

Learned counsel for the respondent/State on the other hand has opposed the application and prays for suspension of sentence and prays for its rejection.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also on perusal of record, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed.

Accordingly, I.A. No. 10860/2022 is allowed and it is directed that subject to depositing the fine amount (if already not deposited) and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 15.03.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

List the matter for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/19/2023 2:57:30 PM