Prashant Kumar Chaturvedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16179 MP

                                                    1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                           CRA No. 12074 of 2023
                       (PRASHANT KUMAR CHATURVEDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

              Dated : 03-10-2023
                      Shri Siddharth Sharma, learned counsel for the appellant.

                      Shri P.P.S. Bazeeta- P.P. appearing on behalf of Advocate General.
                      Shri Upendra Kumar Shrivas, learned counsel for the Respondent

[COMP].

Shri Deepak Kumar Gupta, learned counsel for the Respondent [COMP]. Heard on I.A. No. 17534 of 2023 & I.A. No. 17681/2023, which are

first applications under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellants no.1 & 2 - namely Prashant Kumar Chaturvedi and Manish Chaturvedi.

This Criminal Appeal assails the judgment dated 14.09.2023 passed by XV Additional Sessions Judge, District Gwalior (M.P.) in ST. No. 309/2022, whereby appellants no.1 & 2 have been convicted and sentenced under Sections 379, 420, 467/471, 468 of IPC to undergo maximum rigorous imprisonment of Seven Years with maximum fine of Rs.1,000- with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without considering the material and evidence available on record. It is further argued that there are material omissions and contradictions in the statement of the prosecution witnesses. It is further argued that only interested and relatives of the complainant have been examined and no Signature Notindependent Verified witness has been examined. Further argument is that the appellants Signed by: SANJAY NAMDEORAO DURGEKAR and complainant have settled the matter amicably and therefore, an application Signing time: 03-10-2023 06:14:09 PM

under section 320 of Cr.P.C. bearing I.A No. 18380/2023 has also been filed to compromise the matter. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellants.

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 advanced by learned counsel for the parties, without commenting on merits of the case,I.A. No. 17534 of 2023 & I.A. No.

17681/2023 are hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellants No. 1 & 2 in sum of Rs. 1,00,000/- (Rupees One Lakh only) each with two solvent sureties each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants no.1 & 2 shall remain suspended and they be released on bail. Appellants are further directed to mark their appearance before the Office of this Court on 22.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for hearing on 26/10/2023.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions

(SUNITA YADAV) Signature Not Verified JUDGE Signed by: SANJAY Durgekar NAMDEORAO DURGEKAR Signing time: 03-10-2023 06:14:09 PM