Deepesh Kaivre vs The State Of Madhya Pradesh
2023 Latest Caselaw 15557 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 11343 of 2023
                                              (DEEPESH KAIVRE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-09-2023
                                 Mr. Abhishek Parashar, Advocate for the appellant.

                                 Mr. P.P.S. Bazeeta, Dy. Public Prosecutor for the respondent - State.

Admit.

Heard on I.A. No. 16408 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 25.8.2023 passed by Special Judge (Cyber Crimes), Gwalior (M.P.) in S.C. No. 76/2019, whereby appellant has been convicted and sentenced under Sections 66-C of Information Technology Act to undergo simple imprisonment of one year with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material contradictions and omissions in the statement of the prosecution witnesses. Further argument is that appellant was on bail during trial

and he did not misuse the liberty so granted. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant looking to the short period of jail sentence.

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.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 9/22/2023 01:51:28 PM

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 16408 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 21.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 9/22/2023 01:51:28 PM