Madhya Pradesh High Court
Vivek @ Rahul vs The State Of Madhya Pradesh on 21 November, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13080 of 2023
(VIVEK @ RAHUL Vs THE STATE OF MADHYA PRADESH)
Dated : 21-11-2023
Shri Trishant Mishra - Advocate for appellant.
Shri Lokendra Shrivastava- Public Prosecutor for respondent- State.
Heard on IA No.19110 of 2023, first application under Section 389(1)
Cr.P.C. moved on behalf of appellant- Vivek alias Rahul seeking suspension
of sentence and grant of bail.
Appellant stood convicted under Section 392 of IPC read with Section
11/13 of MPDVPK Act and sentenced to undergo three years RI with fine of
Rs.2,500/- and sentenced to undergo two years RI under Section 353 of IPC
with default stipulation, vide judgment of conviction and sentence dated 27-09-
2023 passed by Special Judge (MPDVPK Act), Morena in Special Case No. 27
of 2016.
Learned Counsel for appellant submits that the impugned judgment
passed by learned Trial Court is based on assumption, conjectures and
surmises. The learned Trial Court has committed an error in convicting and
sentencing the present appellant without appreciating the prosecution evidence
properly. There are material contractions and omissions in the evidence of
witnesses. Fine amount has already been deposited by the appellant. The jail
sentence of appellant has been suspended by learned Trial Court under Section
389(3) of the Cr.P.C.for a period of one month from the date of passing of
impugned judgment. There is no likelihood of early hearing of appeal in near
future. On these grounds, learned Counsel prays that execution of remaining jail
sentence of appellant may be suspended and the appellant may be enlarged on
bail.
Per contra, learned Counsel for respondent State opposes the
application and prays for its rejection.
Upon hearing learned Counsel for the parties but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety in the like amount to the satisfaction of Trial Court and also subject to
deposit of the fine amount (if not already deposited) for his appearance before
the Registry of this Court on 22.12.2023 and on further dates as may be
directed by the Registry in that regard.
Accordingly, aforesaid IA stands allowed and disposed of.
List the matter for final hearing in due course along with connected CRA
No.13077 of 2023.
Certified copy today.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
