Deepak @ Betu @ Vivek Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 9787 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1510 of 2023 (DEEPAK @ BETU @ VIVEK GUPTA Vs THE STATE OF MADHYA PRADESH)

Dated : 28-06-2023 Shri B.J. Chourasiya - Advocate for the appellant.

Shri Vinod Tiwari - Panel Lawyer for the State.

Heard on I.A.No.13592/2023, which is second application filed on behalf of the appellant for suspension of sentence and grant of bail. His earlier application was dismissed as non maintainable vide order dated 03.03.2023

The appellant has been convicted by the trial Court under Section 489-C of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.2,500/-, with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offences. He further submits that appellant is innocent and has falsely been implicated in this case. It is further submitted that there are material contradictions, omissions and embellishments in the testimony of the prosecution witnesses. He also

submits that appellant was on bail during trial but he did not misuse the liberty granted to him. Appellant is in custody and final disposal of this appeal will take considerable time to conclude, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

On the other hand learned counsel for the State has opposed the contentions raised by the counsel for the appellant and prayed for its rejection.

Heard learned counsel for the parties and perused the record and judgment of the Court below.

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/30/2023 10:55:40 AM

Looking to the overall facts and circumstances of the case as well as taking into account that the material available on record, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the

trial Court concerned on 14.09.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/30/2023 10:55:40 AM