Citation : 2023 Latest Caselaw 3914 MP
Judgement Date : 13 March, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3135 of 2023 (SHRAWAN MISHRA Vs THE STATE OF MADHYA PRADESH)
Dated : 13-03-2023 Shri Rajesh Sen - Advocate for the appellant.
Shri K.S. Patel - Panel Lawyer for the State.
Heard on I.A. 4869/2023, which is an application filed on behalf of the appellant for suspension of sentence and grant of bail.
T h e appellant has been convicted by the trial Court under Sections
420/120B (on three counts) and sentenced to R.I. for 3 years with fine of Rs.5000/- (on each count) with default stipulations.
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 offence. The sentence awarded to the appellant is 3 years. The trial Court has already suspended the jail sentence of the appellant till today i.e. 13.3.2023. Disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.
Learned Panel Lawyer has opposed the application. I have heard learned counsel for the parties. As per the allegations, the applicant along with co-accused received a sum of Rs.3,50,000/- from complainant Rampoojan Singh to get his son job in Air Force, a sum of Rs. 3,00,000/- from complainant Ashok Tiwari to get his son job in Air Force and a sum of Rs.6,00,000/- to get him job in Air Force by playing fraud. On perusal Signature Not Verified SAN
of the judgment of the trial Court, it appears that there was active participation Digitally signed by PRADYUMNA BARVE Date: 2023.03.14 10:39:54 IST
of the applicant and co-accused in crime in question. Such offences are against
society and they are on increase now-a-days. Looking to the gravity of offence, I am not inclined to suspend the jail sentence of the appellant and to release him on bail, therefore, I.A. 4869/2023 is hereby dismissed.
List along with Criminal Appeal No. 3420 of 2023 after 8 weeks.
(SMT. ANJULI PALO) JUDGE
PB
Signature Not Verified SAN
Digitally signed by PRADYUMNA BARVE Date: 2023.03.14 10:39:54 IST
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