Ganesh Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 8513 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 12372 of 2022
                                             (GANESH GUPTA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-06-2023
                                Shri Manish Datt - Senior Advocate with Shri Siddharth Datt-

                          Advocate for the appellant.
                                Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on IA No.2108/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to the

appellant aris ing out of judgment dated 12.12.2022 delivered in S.T. No.39/2019 by Ist Additional Sessions Judge, Jatara, District Tikamgarh.

The appellant has been convicted under Section 341 of IPC and fine of Rs.500/-, Section 376-D r/w Section 114 of IPC and sentenced to undergo R.I. for 20 years with fine of Rs.10,000/- and Section 506-II of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1000/- with default stipulation.

Learned senior counsel for the appellant relying upon the statements of prosecutrix (PW-1) and her husband Vishnu Kushwaha (PW-2), FSL/DNA report submits that appellant is not the main accused in the case and his

presence at the scene of occurrence is not proved from the evidence available on record. He further submits that appellant has been falsely implicated in the case on account of political rivalry and previous enmity with the complainant. Learned counsel for the appellant further submits that the final hearing of this appeal will take considerable time, therefore the jail sentence of the appellant may be suspended.

Learned Government Advocate has vehemently opposed the bail application and submits that there is sufficient evidence available on record Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 6/14/2023 4:31:47 PM

against the appellant and he has been rightly convicted by the trial Court. Therefore, he prays for dismissal of the bail application.

Taking into consideration the evidence available on record, including the statements of prosecutrix (PW-1) and her husband Vishnu Kushwaha (PW-2) and other documentary evidence i.e. F.I.R, FSL/DNA report and the role played by the appellant in the alleged incident, coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the jail sentence of the appellant.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the jail

sentence of the appellant is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court, Tikamgarh o n 22 August, 2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C.c. as per rules.

                              (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                 JUDGE                                               JUDGE

                          irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 6/14/2023
4:31:47 PM