Madhya Pradesh High Court
Vipin Yadav vs The State Of Madhya Pradesh on 10 October, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12264 of 2023
(VIPIN YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-10-2023
Shri Atul Gupta, learned counsel for the appellants.
Shri Narottam Sharma, Panel Lawyer for respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No. 17804/2023, first application under Section 389(1)
Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and
grant of bail.
Appellants stands convicted under Sections 393 of IPC r/w Section
11/13 of MPDVPK Act and sentenced to undergo RI for three years with fine
o f Rs.2000/- (each) with default stipulations vide judgment of conviction and
sentence dated 12.09.2023 passed by Special Judge, MPDVPK Act, Datia
District Datia in S.S.T. No. 300016 of 2016.
Learned Counsel for appellants submits that the impugned judgment
passed by learned Trial Court is based on assumption, conjecture and
surmises. The learned Trial Court has committed an error in convicting and
sentencing the present appellants without appreciating the prosecution evidence
properly. There are material contractions and omissions in the evidence of
witnesses. Learned counsel for the appellants further submits that minor
altercation for withdrawal of money from ATM was converted into prosecution
for attempt to robbery. The appellants were on bail during trial and he did not
misuse the liberty so granted to them. Fine amount has already been deposited
by the appellants. No criminal antecedent is reported against the appellants. The
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 11-10-2023
10:13:35 AM
jail sentence of appellants were already suspended by learned Trial Court, under
Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in
n e a r future. On these grounds, learned Counsel prays that execution of
remaining jail sentence of appellants 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 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 appellants shall remain suspended during pendency of
this appeal and they 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 each in the like amount to the satisfaction of Trial Court and
also subject to deposit of the fine amount (if not already deposited) for their
appearance before the Registry of this Court on 04.12.2023 and on further
dates as may be directed by the Registry in that regard.
Accordingly, I.A. No.17804/2023 stands allowed and disposed of.
List the matter for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Vijay
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 11-10-2023
10:13:35 AM
