Sonu @ Bhanu vs The State Of Madhya Pradesh
2023 Latest Caselaw 8146 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 1337 of 2023
                                             (SONU @ BHANU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-05-2023
                                 Shri Abhishek Parashar - Advocate for appellant.

                                 Shri Sushant Tiwari- Public Prosecutor for respondent/State.

The appeal being arguable, is admitted for final hearing. Heard on I.A.No.4776/2023, first application under Section 389(1) of CrPC for grant of suspension of sentence filed on behalf of sole appellant-Sonu Bhanu.

The Trial Court has convicted the aforesaid appellant under Section 419 of IPC and sentenced to undergo two years' RI with fine of Rs.500/-, under Section 420 of IPC and sentenced to undergo four years' RI with fine of Rs.1,000/-, under Section 467 of IPC and sentenced to undergo seven years' RI with fine of Rs.2,000/-, under Section 468 of IPC and sentenced to undergo four years' RI with fine of Rs.2,000/- and under Section 3/4 of IPC and sentenced to undergo one year's RI with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 09.01.2023 passed in Sessions Trial No.1500164/2016 by Second Additional Sessions

Judge, District Bhind.

In brief prosecution story is that the appellant impersonated himself as absconded co-accused Aman Bhadouriya and appeared in 10th Class examination of Sanskrit subject.

Learned counsel for the appellant submits that appellant has suffered nine months' incarceration out of maximum jail sentence of seven years awarded to him. There is no likelihood of hearing of appeal in near future. In identical Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 26-05-2023 11:54:12 AM

cases, accused persons who had suffered about five months' incarceration out of total jail sentence awarded to them have been enlarged on bail. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions, material available on record and also considering the fact that the appellant has already suffered about 9 months' incarceration and there is no likelihood of hearing of this appeal in the near future, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount each to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 20.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.4776/2023 is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) V. JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 26-05-2023 11:54:12 AM