Gore @ Udaypratap vs The State Of Madhya Pradesh
2023 Latest Caselaw 9315 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 2915 of 2019
                                            (GORE @ UDAYPRATAP Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-06-2023
                                 Mr. Sushil Goswami - Advocate and Mr. Pradhuman Singh Bhadauria -

                           Advocate for the appellant.
                                 Ms. Ankita Mathur - Panel Lawyer for respondent/State.

Heard on I.A. No. 1142 of 2023, fourth application filed under Section 389(3) Cr.P.C. for suspension of sentence and grant of bail by sole appellant.

This Criminal Appeal assails the judgment dated 21.06.2016 passed in

Special Case No. 56/2015 by Additional Sessions Judge and Special Judge, M.P.D.V.P.K. Act, Lahar, District Bhind (M.P.) whereby, appellant stood convicted under Section 392 and 397 of IPC and Section 25(1)(1-B)(A) of Arms Act and sentenced him to undergo RI for 10 years with a fine of Rs.25,000/- and RI for 1 year with fine of Rs.01 year with default stipulations.

Learned counsel for the appellant submits that as per para 49 of the judgment, the appellant was under custody for six months during trial i.e. from 12.10.2014 to 15.04.2015 and thereafter as per certified copy of order sheet annexed at page No.34 dated 26.02.2019 reveals that on 26.02.2019 the

appellant was sent into the custody. Now appellant has served almost 5 years of incarceration out of total jail sentence of ten years.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. There are material omission and contradictions in the statements of prosecution witnesses. Even TIP has not been conducted. Seized currency has also not been identified. Present criminal appeal is likely to take long time to Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/22/2023 11:14:08 AM

conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellant.

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. 1142 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.1,00,000/- (Rupees One Lakh

only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant shall remain suspended till final disposal of this appeal and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 31/08/2023 and on other subsequent dates given by the Office in this regard.

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: 6/22/2023 11:14:08 AM