Rinku @ Nandgopal vs The State Of Madhya Pradesh
2023 Latest Caselaw 7739 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 115 of 2023
                                           (RINKU @ NANDGOPAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-05-2023
                                  Shri Sankalp Kochar - Advocate for the appellant.

                                  Shri Manoj Kumar Soni - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.2448/2023, which is the first application for

suspension of custodial sentence passed against appellant and release him on bail.

This appeal has been preferred against the judgment dated 26/12/2022 passed by IInd Additional Sessions Judge, Sagar, District Sagar in S.T. No.3900448/2016 whereby learned Additional Sessions Judge found the appellant guilty for the offences punishable under Sections 419, 420, 467, 468 and 473 of the IPC and also Section 3/4 of the M.P. Manyata Prapt Shiksha Adhiniyam, 1937 and sentenced him to undergo R.I. for two years, two years, seven years, three years, seven years and two years and fine of Rs.1000/-,

1000/-, 2000/-, 1000/-, 3000/- and 1000/- respectively with default stipulations.

Learned counsel for the appellant submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. The appellant was on bail during trial and he never misused the liberty grated to him by the trial Court. He is in custody since the date of judgment i.e.26/12/2022. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal is Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/13/2023 11:04:04 AM

likely to take long time.

Learned counsel for the State opposed the prayer and submitted that from the prosecution evidence guilt of the appellant is clearly proved, so the learned trial Court did not commit any mistake in finding the appellant guilty for the aforesaid offences, so the sentence of the appellant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel of the appellant and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence passed against the appellant shall remain

suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 06/10/2023 and on such further dates as may be fixed in this regard by it during the pendency of this appeal.

List the case for final hearing in due course. C.C. on payment of usual charges.

(ROOPESH CHANDRA VARSHNEY) JUDGE

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/13/2023 11:04:04 AM