Suresh Ojha vs The State Of Madhya Pradesh
2023 Latest Caselaw 3813 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 4340 of 2022
                                                 (SURESH OJHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-03-2023
                                    Shri Ankush Jain, learned counsel for the appellant.

                                    Shri Dheeraj Kumar Budholiya, learned Panel Lawyer for the respondent-

State.

Heard on I.A.No.7750 of 2022 which is first application under Section 389 Cr.P.C. for suspension of sentence and grant of bail to the appellant- Suresh Ojha.

This Criminal Appeal assails the judgment dated 27.04.2022 passed in Sessions Trial No.500252/2014 by IV Additional Sessions Judge, Shivpuri (M.P.), whereby the appellant stood convicted under Sections 420 r/w 120-B, 467 r/w 120-B, 468 r/w 120-B and 472 r/w 120-B of IPC and sentenced him to undergo 5 years, 7 years, 5 years and 5 years R.I. with a fine of Rs.500/-, Rs.1000/-, Rs.500/- and Rs.500/- respectively with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further argued that there are material contradictions and omissions in the

statements of the prosecution witnesses. The original relevant documents have not been produced by the prosecution during trial. The appellant has suffered almost one year of incarceration as against seven years R.I. awarded. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Per contra, counsel for the State vehemently opposed the applications and prayed for its rejection.

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 04-03-2023 10:37:00 AM

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.7750 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties 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 26/04/2023 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

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 04-03-2023 10:37:00 AM