Gulshan Johri vs The State Of Madhya Pradesh
2023 Latest Caselaw 14573 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          CRA No. 10986 of 2023
                                              (GULSHAN JOHRI Vs THE STATE OF MADHYA PRADESH)

                            Dated : 05-09-2023
                                  Shri Manas Dubey, learned counsel for the appellant.

                                  Shri Purushottam Tanwar, learned Panel Lawyer for the State.
                                  Heard on the question of admission.
                                  Being arguable, the appeal is admitted for final hearing.
                                  Also heard on IA No. 15882/2023, first application under Section
                            389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of

                            sentence and grant of bail.
                                  Appellant - Gulshan Johri stands convicted under Section 363 of IPC
                            and sentenced t o undergo four years' rigorous imprisonment with fine of
                            Rs.2,000/-, with default stipulation vide judgment of conviction and sentence
                            dated 08.08.2023 passed by VIth Additional Sessions Judge, Gwalior, (M.P.)
                            in ST No.522/2019.
                                  Learned Counsel for appellant 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 appellant without appreciating the prosecution evidence properly.
                            There are material contractions and omissions in the evidence of witnesses.
                            Appellant was on bail during trial and he did not misuse the liberty so granted to
                            him. Fine amount has already been deposited by the appellant. The jail sentence
                            of appellant was suspended by learned Trial Court, under Section 389(3) of
                            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
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 06-09-2023
10:29:58 AM
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                            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 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 and also subject to

deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 08/11/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 15882/2023 stands allowed and disposed of. List 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: 06-09-2023 10:29:58 AM