Satyanarayan Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 3807 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6693 of 2022 (SATYANARAYAN SONI Vs THE STATE OF MADHYA PRADESH)

Dated : 03-03-2023 Shri Sushil Goswami, learned counsel for appellant.

Shri B.M. Shrivastava, learned Public Prosecutor for the State. Heard on I.A.No.171/2023, third application u/Sec. 389(1) of Cr.P.C. f o r suspension of sentence and grant of bail filed on behalf of appellant- Satyanarayan Soni. His earlier two applications for suspension of sentence and grant of bail were dismissed as withdrawn by the coordinate Bench.

This criminal appeal has been filed against the judgment dated 18.07.2022 passed in ST No. 200210/14 by First Additional Sessions Judge Ganjbasoda (M.P.) whereby appellant-Satyanarana has been convicted for the offence punishable under Section 420/120B of IPC and sentenced to undergo 3 years R.I. with fine of Rs. 50,000/-, under Section 467/120B of IPC and sentenced to undergo 5 years R.I. with fine of Rs. 25,000/-, under Section 468/120B of IPC and sentenced to undergo 5 years R.I. with fine of Rs. 25,000/- and under Section 471/120B of IPC and sentenced to undergo 1 year R.I. with default stipulation.

The allegation against the appellant, who is a Patwari, is that forged Rin- Pustikas were supplied to him for distribution.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has been deposited by him. Appellant has suffered incarceration of ten and a half months. Appeal is of the year 2022 which may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/4/2023 11:07:17 AM

appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A.No.171/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before

the Principal Registrar of this Court on 22nd August, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to the appellant shall remain suspended till further orders and he shall be released on bail.

Application I.A.No.171/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/4/2023 11:07:17 AM