Amit Singh Raghav vs The State Of Madhya Pradesh
2023 Latest Caselaw 8072 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 6771 of 2023
                                           (AMIT SINGH RAGHAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-05-2023
                                 Shri S.K. Tiwari, Advocate for the appellant.

                                 Shri Rohit Shrivastava, Panel Lawyer for the respondents/State.

Appeal being arguable, is admitted for final hearing. Record of the trial Court be called for.

Heard on I.A. No. 9009/2023, which is first application filed under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the

appellant.

The appellant has been convicted under Sections 420, 467, 468, 471 of IPC and sentenced to suffer four years RI with fine of Rs. 1000/- each with default stipulation vide judgment dated 10/05/2023 passed in Special Case No.78/2019 by IXth Additional Sessions Judge/Special Judge (Madhya Pradesh Nikshepako ke hiton ka Sanrakshan Adhiniyam, 2000), Gwalior (M.P.).

A s per prosecution case, the appellant along-with other co-accused without permission of RBI, were doing banking work and they ran away after obtaining two lacs rupees. During investigation, documents were seized and

Directors of company namely, Praveen, Ritu, Rakesh, Sunil Dutt, Bhagirathi Devi have been made accused in this case. On the basis of aforesaid complaint, the FIR has been registered against the appellant.

It is submitted by the Counsel for the appellant that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. The appellant has already suffered three years and eight months of jail incarceration out of jail sentence awarded four years and therefore, he prays for Signature Not Verified Signed by: MONIKA SHARMA Signing time: 19-05-2023 02:17:55 PM

grant of suspension of sentence. Learned counsel further submits that there are omissions and contradictions in the evidence of the prosecution witnesses and hearing of appeal is likely to take time. Therefore, he prays for grant of suspension of jail sentence.

On the other hand, counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the rival contentions of parties coupled with the fact that the appellant has already suffered jail incarceration of around three years and eight months, without commenting upon merits of the case, the application for suspension of sentence is allowed. On depositing the fine amount, if not already

deposited, and on furnishing the personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Trial Court/CJM/Remand Magistrate (Whosoever is available), the remaining jail sentence shall remain suspended and the appellant shall be released on bail.

This order shall remain in force, till the conclusion of the present appeal. In case of bail jump or violation of any of the condition, mentioned above, this bail order shall automatically lose its effect.

The appellant shall appear before the Registry of this Court on 07/08/2023 and on all other dates, which may be given by the Registry in this behalf.

List for final hearing in due course.

(MILIND RAMESH PHADKE) V. JUDGE

Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 19-05-2023 02:17:55 PM