Rahul Garg (Jatav) vs The State Of Madhya Pradesh
2024 Latest Caselaw 13675 MP

Madhya Pradesh High Court

Rahul Garg (Jatav) vs The State Of Madhya Pradesh on 10 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 3345 of 2024
                                            (RAHUL GARG (JATAV) Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2024
                                  Shri Bhagwan Das Mahour - Advocate for the appellant.

                                  Shri A.K. Nirankari - Public Prosecutor for respondent/State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A.No.5092 of 2024, which is first application under Section 389 Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 02.03.2024 passed by Special Judge, (Cyber Crimes) Gwalior in SC No.103/2019 whereby, appellant has been convicted under Sections 66(C), 66(D) of I.T. Act and sentenced him to undergo maximum one year S.I. with maximum fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant argued that the appellant has wrongly been convicted by the trial Court ignoring the evidence on record. The appellant was on bail during trial and he did not misuse the liberty so granted. There are material contradictions and omissions in the statements of the prosecution

witnesses. It is further argued that 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 and grant of bail to the appellant.

Learned Public Prosecutor 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.5092 of 2024 is hereby allowed. Subject to depositing of 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 o n 30.08.2024 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

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