Rinku Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 10114 MP

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                CRA No. 6365 of 2023
                                       (RINKU GUPTA Vs THE STATE OF MADHYA PRADESH)

               Dated : 04-07-2023
                           Shri Atul Gupta, learned counsel for the appellant.

                           Shri V.P.S.Tomar, learned Panel Lawyer for the respondent- State.

Heard on IA.No.10977 of 2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Rinku Gupta.

Vide judgment dated 5th April, 2023 passed by Special Judge (MPDVPK

Act), Datia in Special Sessions Trial No.300005 of 2015, the present appellant has been convicted under Section 395 read with Section 397 of IPC read with Sections 11/13 of MPDVPK Act and sentenced to undergo ten years RI with fine of Rs.2,000/- with default stipulation.

Allegation against the present appellant along with other four co-accused persons is of committing loot of gold ornaments, mobile, cash of Rs.500/- etc. on the point of firearms with complainant Rupendra Singh Yadav when he was going along with his sister.

Learned counsel for the appellant submits that case of present appellant

is similar to that of co-accused Mithlesh Shakya who has been granted suspension of sentence vide order dated 22.6.2023 passed in Criminal Appeal No.6271/2023. During trial appellant remained in custody for 1 year and four months and thereafter from the date of the judgment i.e. 5.4.2023 he is in custody. The appellant has a good case on merits and hearing of the appeal will Signature Nottake time. Hence, prayed for suspension of jail sentence and grant of bail.

Verified Signed by: MADHU SOODAN PRASAD Signing time: 05-07-2023 Learned counsel for the State opposed application and prayed for its 10:29:00 AM

rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond 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 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 05-07-2023 10:29:00 AM