Gajendra Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 11064 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 7442 of 2023
                                            (GAJENDRA KUMAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-07-2023
                                Mr. Atul Gupta, Advocate for the appellant.

                                Mr. Purshottam Tanwar, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A. No. 10981 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 26.5.2023 passed by First Additional Sessions Judge, Sironj, District Vidisha (M.P.) in Sessions Trial No. 63/2017, whereby appellant has been convicted and sentenced under Section 420 of IPC to undergo rigorous imprisonment of three years with fine of Rs.2000/-, under Section 467 of IPC to undergo rigorous imprisonment of five years with fine of Rs.5000/-, under Section 468 of IPC to undergo rigorous imprisonment of three years with fine of Rs.2000/-, under Section 471 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/- and under Section 201 of IPC to undergo rigorous imprisonment of one year with fine of

Rs.1000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. The appellant has served almost eleven months of incarceration. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Jul-23 10:30:39 AM

its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 10981 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before

the Office of this Court on 26.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Jul-23 10:30:39 AM