Madhya Pradesh High Court
Ravi Khan vs The State Of Madhya Pradesh on 22 November, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13972 of 2023
(RAVI KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 22-11-2023
Mr. Ravindra Singh Gurjar - Advocate for the appellant.
Mr. D.K. Budholiya - Panel Lawyer for respondent/State.
The appeal being arguable is admitted for final hearing.
Heard o n I.A. No. 20476 of 2023, first application under Section 389
(1) of CrPC for suspension of jail sentence and grant of bail to the appellant.
This Criminal Appeal assails the judgment dated 27.10.2023 passed by
Special Judge (Cyber Crimes), Gwalior (M.P.) in SC No.152/2019, whereby the
appellant has been convicted under Sections 420 of IPC r/w. Section 66-C of
IT Act and has been sentenced to undergo rigorous imprisonment of two years
with fine of Rs.2,000/- and Section 66-D of I.T. Act and has been sentenced to
undergo rigorous imprisonment of one year with fine of Rs.1,000/- with default
stipulations.
Learned counsel for the appellant submits that the trial Court has wrongly
convicted the appellant without proper appreciation of facts of the case.
Learned counsel for the trial Court erred in ignoring the fact that the amount
received by the present petitioner was reversed into the account of the
complaint and FIR was lodged after delay of one year. There are material
contradictions and omissions in the statement of the prosecution witnesses. It is
further argued that during trial the appellant was on bail and he has not misused
the liberty so granted. He further submits that the trial Court has already
suspended the jail sentence of the appellants for a period of one month from the
date of judgment i.e. 27.10.2023. Further argument is that present criminal
appeal is likely to take long time to conclude and the appellant is ready and
willing to abide by all the conditions which may be imposed by this Court.
Hence, he prayed to suspend the jail sentence and grant of bail to the appellant.
On the other hand, learned counsel for the State vehemently opposed the
application and prayed for its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the arguments rendered by learned counsel for the appellant
as well as facts and circumstances of the case, without commenting on merits
of the case, I.A.No.20476 of 2023 is hereby allowed. Subject to depositing of
fine amount, if not already deposited, and on furnishing personal bond by each
of the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
with a solvent surety of the like amount to the satisfaction of the concerned
trial Court, the remaining jail sentence of appellant shall remain suspended and
he be released on bail. The appellant is further directed to mark his appearance
before the Office of this Court on 05.01.2024 and on subsequent dates given
by the Office in this regard, till final disposal of this appeal.
List the case for final hearing in due course.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
(LJ*)
