Shailu @ Shailendra Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 19748 MP

Madhya Pradesh High Court

Shailu @ Shailendra Gupta vs The State Of Madhya Pradesh on 24 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 2949 of 2023
                                        (SHAILU @ SHAILENDRA GUPTA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 24-11-2023
                                 Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel -

                           Advocate for the appellant.
                                 Shri Vinod Tiwari - Panel Lawyer for the respondent/State.

Shri Jagtendra Prasad Bansal - Advocate for the objector.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on I.A.No.24692/2023, which is the second application under Section 389(1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release him on bail.

Earlier application filed on behalf of appellant for suspension of sentence and grant of bail has been dismissed as withdrawn by this Court vide order dated 14/09/2023.

The appellant has been convicted vide judgment dated 13/02/2023 passed by V Additional Sessions Judge, Rewa, District Rewa in S.T.No.400388/2014

fo r the offence punishable under Sections 420, 467/34, 468 of the IPC and sentenced him to undergo R.I. for five years with fine of Rs.1,000/-, R.I. for five years with fine of Rs.1,000/- and R.I. for five years with fine of Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that the trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. The complainant and appellant have entered into compromise and

verification thereof has been done. During trial appellant remained in custody from 24/08/2014 to 14/01/2015 and is in custody since the date of judgment i.e. 13/02/2023, hence he prayed for suspension of jail sentence and release the appellant on bail till final disposal of the appeal as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Learned counsel for the objector submitted that he has no objection if this Court suspends the jail sentence of appellant and release him on bail.

Looking to the facts and circumstances of the case, contention of learned

counsel for the appellant and the fact that during trial appellant remained in custody from 24/08/2014 to 14/01/2015 and is in custody since the date of judgment i.e. 13/02/2023 and also keeping in view the fact that parties have entered into compromise, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if already not deposited and 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 24/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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