Sarvesh Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 15975 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 11935 of 2023
                                              (SARVESH SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-09-2023
                                  Shri D.S.Rajawat - learned counsel for the appellant.

                                  Shri Nirmal Sharma - learned Public Prosecutor for the respondent-State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No. 17268/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of sentence and grant

of bail.

Ap p ellant stands convicted under Section 67 of the I.T.Act and sentenced to undergo one year's RI with fine of Rs.1000/- with default stipulation vide judgment of conviction and sentence dated 13/09/2023 passed by Special Judge (Cyber Crimes), Gwalior (M.P.) in Special Sessions Trial No. 175 of 2018.

Learned Counsel for appellant submits that 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. The 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. Appellant is in jail from the date of judgment. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 4:39:06 PM

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 24/11/2023 and on further dates as may be

directed by the Registry in that regard.

Accordingly, I.A.No. 17268/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 4:39:06 PM