Mohan Lal vs The State Of Madhya Pradesh
2024 Latest Caselaw 4704 MP

Madhya Pradesh High Court

Mohan Lal vs The State Of Madhya Pradesh on 17 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 1256 of 2024
                                               (MOHAN LAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-02-2024
                                Mr. Avadhesh Parashar, Advocate for the appellant.

                                Mr. Prabhakar Kushwah, Panel Lawyer for the respondent - State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 1569 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by

the appellant.

This Criminal Appeal assails the judgment dated 27.12.2023 passed by the Seventh Additional Sessions Judge, Shivpuri, District Shivpuri (M.P.) in S.T. No.235/2017, whereby appellant has been convicted and sentenced under Section 467 of IPC to undergo rigorous imprisonment of three years with fine of Rs.10,000/- and under Section 468 of IPC to undergo rigorous imprisonment of three years with fine of Rs.10,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant without properly appreciating the evidence available on

record. There are material contradictions and omissions in the statement of the prosecution witnesses. Further submission is that the appellant was on bail during trial and never misused the liberty so granted. Trial Court has already suspended the jail sentence of the appellant for a period of one month from the date of impugned judgment. Further submission is that the the appeal is likely to take long time t o conclude. Appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to

appellant looking to the short period of jail sentence.

Learned Panel Lawyer for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.1569 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh 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 on 14.5.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this 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