Dinesh Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17020 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 13076 of 2023
                                               (DINESH SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-10-2023
                                 Mr. Trishant Mishra - Advocate for the appellant.

                                 Mrs. Abha Mishra - Public Prosecutor for respondent/State.

Heard on the question of admission.

Record of the court below be called for.

Heard on I.A. No. 19108 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the

appellant with an alternative prayer for grant of temporary bail as record has not been received..

This Criminal Appeal assails the judgment dated 27.09.2023 passed by Special Judge (MPDVPK Act), Morena (M.P.) in Special Sessions Trial No.35/2016, whereby appellant has been convicted and sentenced under Section 392 of IPC r/w Sec. 11/13 of MPDVPK Act to undergo rigorous imprisonment of three years with fine of Rs.2500/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as

well as evidence available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. He further submits that the appellant was on bail during trial and they did not misuse the liberty so granted. The appellant has already served incarceration of more than fifteen months during trial out of total awarded jail sentence of 3 years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant. Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 6:31:00 PM

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.

In view of the above, I.A. No. 19108 of 2023 is allowed. It is hereby directed that on furnishing the personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, appellant shall be released on bail temporarily for a period of two months from the date of his release. He shall surrender before the trial Court immediately after lapse of interim bail period of

two months and file relevant documents with regard to surrender before the registry of this Court.

Trial Court is directed to intimate this Court regarding surrender of appellant.

List this matter on 30.10.2023 along with the record. E-copy/Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/12/2023 6:31:00 PM