Madhya Pradesh High Court
Shishupal Dhakad vs The State Of Madhya Pradesh on 6 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 405 of 2024
(SHISHUPAL DHAKAD Vs THE STATE OF MADHYA PRADESH)
Dated : 06-02-2024
Shri S.P.S. Gurjar - Advocate for the petitioner.
Shri Vijay Sundram - Panel Lawyer for the respondent-State.
Heard on I.A.No.1971 of 2024, first application under Section 397(1) of
Cr.P.C. moved on behalf of petitioner for suspension of sentence and grant of
bail.
The petitioner stands convicted under Section 420/511, 120-B IPC and
under Section 4 of MP Recognized Examination Act and sentenced to undergo
RI for 02 years with a fine of Rs.500/-, 01 year's RI with a fine of Rs.500/- and
01 year's RI with a fine of Rs.500/- respectively with default stipulation vide
judgment of conviction and order of sentence dated 14-10-2023 passed by
JMFC, District-Gwalior in RCT No.5446/2014 the same was affirmed by the
11th District and Additional Sessions Judge, Gwalior in CRA No.572/2023 vide
judgment dated 24-01-2024.
Petitioner so far has undergone about forty four days' of incarceration as
stated by counsel for the petitioner.
As per prosecution story, present petitioner being a candidate (student)
was found to be involved in cheating in the examination conducted by Staff
Selection Commission, 2014 on 23-02-2014 at examination center M.L.B. Girls
Higher Secondary School Morar with the help of chits which were provided to
him by co-accused Monu @ Vinay. On the basis of aforesaid, FIR was
registered at Crime No.69/2014 at Police Station Indarganj, Gwalior.
Learned counsel for the petitioner submits that the petitioner is innocent.
On the basis of memorandum of co-accused, present appellant was implicated
in the crime. There is no evidence available on record to connect the present
petitioner with the alleged crime. There are material contradictions and
omissions in the statements of witnesses. Besides, petitioner is a young boy
and has suffered incarceration of about forty four days. The Courts below have
not appreciated the evidence placed on record in correct perspective and the
same suffer from surmises and conjectures. The revision being of the year 2024
is not likely to be decided in near future. It is further submitted that during trial,
petitioner was on bail and did not misuse the liberty granted to him. He is ready
t o abide by all such terms and conditions this Court deem fit and proper.
Under such circumstances, learned counsel prays for suspension of sentence
and grant of bail on behalf of the petitioner.
Per contra, learned counsel for the respondent/State opposes the
application and prays for its rejection.
Upon hearing learned counsel for the parties, but without commenting
upon rival contentions touching merits of the case, regard being had to the fact
that petitioner has suffered about forty four days' incarceration, disposal of
revision will take time and in the obtaining facts and circumstances of the case,
I.A.No.1971 of 2024 is allowed. It is directed that the jail sentence of the
petitioner shall remain suspended and he be released on bail on his furnishing
personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only) with one
solvent surety in the like amount to the satisfaction of the trial Court subject to
deposit of the fine amount, (if not already deposited). The petitioner is directed
to appear before the Registry of this Court first on 10-05-2024 and on other
dates as may be fixed in this behalf by the Registry till final disposal of the
present revision.
Observations on facts if any, shall have no bearing on the merits of the
case.
Accordingly, the I.A. stands disposed of.
(ROHIT ARYA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
ojha
