Vijay Verma @ Vijju vs The State Of Madhya Pradesh
2023 Latest Caselaw 7420 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1705 of 2023 (VIJAY VERMA @ VIJJU Vs THE STATE OF MADHYA PRADESH)

Dated : 08-05-2023 Shri Y.S.Baghel- counsel for the appellant.

Ms.Vibha Pathak- Panel Lawyer for the State.

Heard on admission. The appeal seems to be arguable. It is admitted for hearing.

Considered I.A.No.2323/2023, which is first application under section

389(1) of Cr.P.C. on behalf of appellant-Vijay Verma alias Vijju.

Vide impugned judgment dated 30.12.2022 passed by the 23rd Additional Sessions Judge, Bhopal in S.T.No.9500156/2017 the appellant has been convicted for offences under sections 51(1) of Wild Protection Act, 1972 read with section 120-B of the Indian Penal Code and sentenced to undergo R.I. for 03 years and fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record.

The jail sentence of co-accused Amit Chouhan and Aman Saxena have been suspended vide orders dated 01.2.2023 & 18.1.2023 passed in Criminal Appeals No.856/2023 and 850/2023. Final disposal of this appeal would take considerable time. The appellant is in custody since 26.4.2023. Hence, prayer has been made to suspend the jail sentence of the appellant.

Leaned Panel Lawyer has opposed the prayer for suspension of Signature Not Verified SAN

sentence.

Digitally signed by RAJESH MAMTANI Date: 2023.05.08 18:35:26 IST

Considering the over all facts and circumstances of the case, role

attributed to the appellant, on the ground of principles of parity, as per order- sheet of the trial Court the appellant is in custody since 26.4.2023, final disposal of this appeal would take considerable time, and without commenting on merits of the case, the 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.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Vijay Verma alias Vijju shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 09.10.2023

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

The appellant shall regularly appear before the trial Court, on each and every date, without fail. It is made clear that if the appellant again found involved in the same kind of offence then this order shall immediately become ineffective. I.A.No.2323/2023 is accordingly disposed of.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.05.08 18:35:26 IST