Sachin vs The State Of Madhya Pradesh
2024 Latest Caselaw 12444 MP

Madhya Pradesh High Court

Sachin vs The State Of Madhya Pradesh on 3 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 5182 of 2024
                                                 (SACHIN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-05-2024
                                  Mr. Hemant Singh Rana - Advocate for the appellant.

                                  Mr. K.S. Tomar - Public Prosecution for respondent/State.

I.A. No. 8779 of 2024, an application for urgent hearing is taken up, considered and allowed.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing.

Also heard on IA No.8777 of 2024, which is first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant.

This Criminal appeal assails the judgment of conviction and order of sentence dated 28.03.2024 passed by the II Additional Sessions Judge, District Bhind (M.P.) in Sessions Trial No.173 of 2016; whereby, present appellant has been convicted under Section 420 read with Section 120B IPC, Section 419 read with Section 120B IPC, Section 467 read with Section 120B IPC, Section 468 read with Section 120B IPC, Section 471 read with Section 120B IPC and

under Section 3(d)(1)(2) r/w Section 4 of the M.P. Recognized Examination Act read with Section 120-B IPC and sentenced to undergo RI for 3 years with a fine of Rs.1,000/-; RI for 2 years with a fine of Rs.500/-, RI for 5 years with a fine of Rs.2,000/- RI for 3 years with a fine of Rs.1,000/-, RI for 2 years with a fine of Rs.1,000/-; and RI for 1 year with a fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the learned Trial Court has

wrongly convicted the present appellant without properly appreciating the evidence placed on record. There are material contradictions and omissions in the statements of the prosecution witnesses. Learned counsel for the appellant argued that the entire prosecution story is unnatural in the light of the fact that appellant- Sachin was taking examination in place of Deshraj S/o Kripal Singh, however, the admit card (Annexure P/4) was issued in the name of the appellant. Under such circumstances, it cannot be said that the appellant is the solver and was taking exam to benefit the person on whose behalf of he was taking exam. It is further submitted that the appellant was on bail during trial and he never misused the liberty so granted to him. Appellant has remained in

custody during trial for 107 days and thereafter from the date of the impugned judgment. Present appeal is likely to take a long time to come up for final hearing. Under these circumstances, learned counsel prays for suspension of sentence and grant of bail to the present appellant.

Per contra, learned Public Prosecutor for respondent/State opposed the application and prayed for its rejection.

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

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, IA No.8777 of 2024 is hereby allowed. Subject to depositing the 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 first on 12.08.2024 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 Trial Court for compliance.

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

(SUNITA YADAV) JUDGE

(LJ*)