Madhya Pradesh High Court
Aditya Narayan vs The State Of Madhya Pradesh on 3 October, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11888 of 2023
(ADITYA NARAYAN Vs THE STATE OF MADHYA PRADESH)
Dated : 03-10-2023
Shri Pavan Kumar Vijaywargiya- Advocate for appellant.
Shri Neeraj Dhamaniya- Panel Lawyer for respondent- State.
Heard on admission.
Record of the trial Court has been received.
Appeal being arguable, is admitted for final hearing.
Also heard on IA No.17199 of 2023,, first application under Section
389(1) Cr.P.C. moved on behalf of the appellant seeking suspension of
sentence and grant of bail.
Appellant stands convicted under Sections 420, 467, 468, 471 of IPC
and sentenced to undergo two years RI with fine of Rs.2500/-, three years RI
with fine of Rs.2500/-, two years RI with fine of Rs.2500/- and two years RI
with fine of Rs.2500/- respectively with default stipulation vid e judgment of
conviction and sentence dated 06-09-2023 passed by Second Additional Judge
to the Court First Additional Sessions Judge, Datia in ST No. 300121 of 2015.
Learned Counsel for appellant submits that the appellant had
superannuated from service in the year 2007. After tweleve years of his
retirement, he has been falsely implicated in the matter. Learned trial Court did
not consider the fact that that alleged original mark sheet with regard to change
of date of birth was not produced by the prosecution during trial. The learned
Trial Court has committed an error in convicting and sentencing the present
appellant without appreciating the prosecution evidence properly. The appellant
was on bail during trial and he did not misuse the liberty so granted to him. Fine
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 04-10-2023
10:05:50 PM
amount has already been deposited by the appellant. The jail sentence of
appellant has already been suspended by learned Trial Court under Section
389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future.
On these grounds, learned Counsel prays that execution of remaining jail
sentence of appellant may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection.
Upon hearing the 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 concerned and also
subject to deposit of the fine amount (if not already deposited) for his
appearance before the CJM concerned on 29th of November, 2023 till final
disposal of this appeal and on further dates as may be directed by that Court in
that regard.
Accordingly, aforesaid IA stands allowed and disposed of.
List for final hearing in due course.
CC as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 04-10-2023
10:05:50 PM
