Vikash Meena vs The State Of Madhya Pradesh
2024 Latest Caselaw 5655 MP

Madhya Pradesh High Court

Vikash Meena vs The State Of Madhya Pradesh on 23 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 2100 of 2024 (VIKASH MEENA Vs THE STATE OF MADHYA PRADESH)

Dated : 23-02-2024 Shri Anshu Gupta, learned counsel for the appellant.

Shri Prabhakar Kushwah- P.L. appearing on behalf of Advocate General. Heard on the question of admission.

Admit.

Also heard on I.A.No. 3030 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant-

Vikash Meena.

The appeal has been preferred by the appellants under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 09.01.2024 passed by Sessions Judge, Sheopur, District Sheopur (M.P.) in Sessions Trial No.54/2022 whereby appellant has been convicted and sentenced under Section 329/34 of IPC to undergo rigorous imprisonment of five years with fine of Rs.10,000/-, under Section 427 of IPC to undergo rigorous imprisonment of two years with fine of Rs.25,000/- with default stipulations.

Learned counsel for the appellant argued that the Court below has

wro ngly convicted the appellant without proper appreciation of material available on record. There are material contradictions and omissions in the statement of prosecution witnesses. It is further submitted that it is not proved that injury was caused on refusal for demand of money to consume liquor by cogent evidence. It is further submitted that PW/7- Mukesh Kumar independent witness has not supported the case of the prosecution and has turned hostile. It is further submitted that co-accused Dilip has already been acquitted by the trial

court and co-accused Lakhan has since been granted the benefit of suspension of sentence by this Court. Further argument is that the appellant has already served almost two and half months of incarceration out of total jail sentence awarded to him. This criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, application (I.A.No. 3030 of

2024) is allowed and it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a 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 presence before the Registry of this Court on 11.06.2024 and on subsequent dates 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

Durgekar