Vinod vs The State Of Madhya Pradesh
2023 Latest Caselaw 16896 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10515 of 2023
                                                  (VINOD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri Ashutosh Tiwari - Advocate for appellant.

                                 Shri C.M. Tiwari - Government Advocate for respondent/State.

Heard on I.A. No.19767/2023, which is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Vinod.

The appellant has been convicted vide judgment dated 08/08/2023 passed by Sessions Judge, Burhanpur in S.T. No. 82/2017 for commission of offence punishable under Sections 420, 419, 467, 468, 471, 201 and 120(B) of IPC and sentenced to undergo RI for 5 years, 3 years, 7 years, 5 years, 7 years, 3 years and 3 years respectively and to pay fine amount of Rs. 3,000/-, Rs.1000/-, Rs. 3000/-, Rs. 3000/-, Rs. 3,000/-, Rs. 1,000/- and Rs.1,000/- for each offence respectively with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant for aforesaid offence. There is no evidence available on record to show that the appellant has committed any forgery with the complainant, therefore, no offence under Section 420 of IPC is made out against him. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM

final disposal of the appeal.

O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the aforesaid facts and circumstances of the case and role attributed to the appellant in commission of aforesaid offence and looking to the custodial period suffered by appellant, in the considered opinion of this Court, at this stage no case is made out for suspension of custodial sentence and grant of bail to appellant. Accordingly, I.A. No.19767/2023 is hereby dismissed.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM