Ramakant Vijayvargiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 17843 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 7615 of 2022
                                          (RAMAKANT VIJAYVARGIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri Ankit Saxena - Advocate for appellant.

                                 Shri    Dilip    Kumar      Shrivastava-        Government    Advocate   for
                           respondent/State.

Heard on the question of admission.

Appeal seems to be arguable and is admitted for final hearing.

Also heard on IA No. 22408 of 2022, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Appellant is in jail.

Appellant stood convicted under Sections 420, 467, 468 and 471 of the IPC and sentenced to suffer R.I. for 7 years, 10 years, 7 years and 2 years with fine of Rs.5000/-, Rs. 5000/- Rs. 5000/- and Rs.5000/- with default stipulations respectively vide judgment of conviction and order of sentence dated 06.08.2022 passed by 3rd Additional Sessions Judge, Bhopal District- Bhopal in S.T. No.207 of 2012.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail. Appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P e r contra, learned counsel for State while opposing the prayer, Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM

supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, under these facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.22408 of 2022 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released

on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 22/12/2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM