Bharat @ Vikki vs The State Of Madhya Pradesh
2023 Latest Caselaw 4023 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 252 of 2019 (BHARAT @ VIKKI Vs THE STATE OF MADHYA PRADESH)

Dated : 14-03-2023 Shri Ajmer Singh Yadav, learned counsel for appellant.

Shri B.M.Shrivastava, learned Public Prosecutor for State. Heard on I.A.No.2194/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Bharat @ Vikki.

This criminal appeal has been filed against the judgment dated 29.06.2018

passed in ST No. 300234/2013 by First Additional Sessions Judge Vidisha (M.P.) whereby the appellant has been convicted for the offence punishable under Section 397 of IPC and sentenced to undergo ten years R.I. with fine of Rs. 10,000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant has been falsely implicated in this case. During trial appellant remained in custody for 762 days and thereafter since the date of judgment i.e. 29.06.2018 he is in custody. There are fair chances of success of this appeal. Appeal is of the year 2019 which may take long time for its conclusion. Under these circumstances, the

execution of sentence be suspended and the appellants 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.2194/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/14/2023 6:49:30 PM

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 4th September, 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. 2194/2023 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: 3/14/2023 6:49:30 PM