Keshav Singh Chauhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9244 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 6889 of 2023
                                         (KESHAV SINGH CHAUHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-06-2023
                                Shri Gagan Sharma, learned counsel for the appellant.

                                Shri Rohit Shrivastava, Public Prosecutor for the respondent/State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 9277 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 18.05.2023 passed by 9th Additional Sessions Judge, Gwalior (Special Judge) in Special ST No.157/2020, whereby appellant has been convicted under Sections 420 of IPC and has been sentenced to undergo rigorous imprisonment of 2 years with fine of Rs.1,000/-, section 467 of IPC and has been sentenced to undergo rigorous imprisonment of 4 years with fine of Rs.1,000/-, section 468 of IPC and has been sentenced to undergo rigorous imprisonment of 3 years with fine of Rs.1,000/- section 471 of IPC and has been sentenced to undergo rigorous imprisonment of 1 year with fine of Rs.1,000/-, section 120-B of IPC and has

been sentenced to undergo rigorous imprisonment of 1 year with fine of Rs.500/- and section 5 of Inami Chit & Dhan Parichalan Scheme(pabandi) Adhiniyam 1978 and has been sentenced to undergo rigorous imprisonment of 1 year with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. On the same set of evidence co-accused Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/20/2023 5:42:16 PM

Kiran has been acquitted; however, present appellant has been convicted. Despite the statement of Investigating Officer Abhilakh Singh (PW-6), during investigation, he has not found any document to show that appellant is having any position in RDPL Company. It is further argued that nothing has been seized from the possession of appellant connecting him with the crime. It is further argued that the appellant has suffered almost three years of incarceration out of total jail sentence of four years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant Keshav Singh Chauhan.

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. 9277 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum 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 o n 10/10/2023 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.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/20/2023 5:42:16 PM

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

(SUNITA YADAV) JUDGE

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/20/2023 5:42:16 PM