Banti @ Pradeep Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 9083 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          CRA No. 4523 of 2023
                                            (BANTI @ PRADEEP SHARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-06-2023
                                 Ms. Yashodhra Uniya - Advocate for the appellant.

                                 Mr. Prabhat Pateriya - Dy. Advocate General for respondent/State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 10355 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 07.12.2022 passed by Special Judge (M.P.D.V.P.K. Act) and II Additional Sessions Judge, District Gwalior in Special ST No.25/2021, whereby appellant has been convicted under Sections 392 of IPC read with Sec. 11/13 of M.P.D.V.P.K. Act and has been sentenced to undergo rigorous imprisonment of 5 years with fine of Rs.1,000/-, rigorous imprisonment with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. It is further argued that as per

prosecution story, the prosecutrix informed the police on spot that the present appellant committed the crime with her, however, the same has not been mentioned in her complaint i.e. Ex. P/1 and Ex. P/2. The TIP has not been conducted. It is further argued that the appellant has suffered around one and half years of incarceration out of total jail sentence of five years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellant Pradeep. Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/20/2023 11:00:46 AM

Counsel for the State vehemently opposed the application and prayed for 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. 10355 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 a 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. The appellant is further directed to mark his appearance before the Office of this Court on 04/09/2023 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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/20/2023 11:00:46 AM